HomeMy WebLinkAboutReg 2012-08-06 COMPLETE AGENDA PACKETTukwila City Counci /Agenda
REGULAR MEETING
Jim Haggerton, Mayor Counci /members: Joe Duff ie Dennis Robertson
David Cline, City Administrator Allan Ekberg Kathy Hougardy
Verna Seal, Council President De'Sean Quinn Kate Kruller
EXECUTIVE SESSION 6:00 PM 7:00 PM
Pending/ Potential Litigation Pursuant to RCW 42.30.110(1)(i)
(60 minutes)
Monday, August 6, 2012; 7:00 PM Ord #2379 Res #1772
1.
CALL TO ORDER
PLEDGE OF ALLEGIANCE ROLL CALL
2.
SPECIAL
Fifth grade poster contest winners. Wendy Butterworth, Community
PRESENTATION
Relations Committee, Police Department
3.
CITIZEN
At this time, you are invited to comment on items not included on this agenda
COMMENT
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
4.
CONSENT
a. Approval of Minutes: 7/16/12 (RegularMtg.), 7/23/12 (SpecialMtg.)
AGENDA
b. Approval of Vouchers.
5.
UNFINISHED
a. An ordinance renewing a 12 -month moratorium on the establishment, Pg.1
BUSINESS
location, operation, licensing, maintenance or continuation of medical
cannabis collective gardens or dispensaries, asserted to be authorized or
actually authorized under E2SSB 5073, Chapter 181, Laws of 2011,
Chapter 69.51A Revised Code of Washington, or any other laws of the
State of Washington.
b. Acknowledge receipt of Councilmember Kruller ethics investigative findings Pg.7
and disposition. For information only pursuant to Tukwila Municipal Code
Section 2.95 040.
6.
NEW BUSINESS
7.
REPORTS
a. Mayor
b. City Council
c. Staff City Administrator Report Pg.19
d. City Attorney
e. Intergovernmental
8.
MISCELLANEOUS
9.
EXECUTIVE SESSION
10.
ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your continents to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
continents received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
AGENDA ITEM TITLE
Initials
Meeting Date Prepared by "va review
07/23/12 BM
08/06/12 BM
ITEM INFORMATION
STAFF SPONSOR: NORA GIERLOFF
Clu',I,,1 r eview
�l/
ITEM NO.
5.A.
ORIGINAL AGENDA DATE: 7/23/12
Renewal of a moratorium on medical cannabis collective gardens and dispensaries.
CATEGORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other
Mtg Date 07123112 Mtg Date Mtg Date Mtg Date 816/12 Mtg Date 111tg Date 07123112 Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW/
SPONSOR'S On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which
SUMMARY established a one year moratorium on medical cannabis collective gardens and
dispensaries. The established moratorium is set to expire at midnight on August 14, 2012.
Staff is proposing to renew the moratorium for an additional year.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 07/09/12 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMTI"TEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Comments: N/A
I MTG. DATE I
07/23/12
MTG. DATE
07/23/12
1 08/06/12
RECORD OF COUNCIL ACTION
Forward to next Reqular Meetina
ATTACHMENTS
Informational Memorandum dated 7/2/12
Draft Ordinance renewing the moratorium
Ordinance No. 2348
Informational Memorandum dated August 8, 2011
WCIA Risk Management Bulletin
Minutes from the July 9, 2012 Community Affairs and Parks Committee meeting
Ordinance in final form
1
2x
City of Tukwila i1a
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A 12 -MONTH MORATORIUM WITHIN THE
CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE
OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2348; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW 35A.63.220; and
WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium, and following the public
hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to
justify the moratorium adopted by Ordinance No. 2348; and
WHEREAS, after adoption of the City's moratorium, and despite calls from other
Washington State cities, the Washington State Legislature has failed to provide
clarification on the statutes relating to cannabis collective gardens and /or dispensaries;
and
WHEREAS, several initiatives are currently pending with the Washington Secretary
of State's Office addressing the issue of cannabis; and
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WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the
initiatives go before the people of the State of Washington and, if adopted, before the
initiatives would be enacted into law; and
M
WHEREAS, the City is not in the position to expend scarce resources in developing
regulations that may be rendered obsolete in a very short time, based on action taken
at the State level; and
WHEREAS, the City desires to wait for the outcome of the vote on these initiatives
and, if passed by the people, to determine any impact these initiatives may have (either
directly or indirectly) on requirements relating to cannabis collective gardens and /or
dispensaries;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on July 23, 2012 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium renewed herein shall be in effect until
August 14, 2013, unless extended by the City Council, pursuant to State law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15 -day period and who complies with Chapter 69.51A RCW, shall not be deemed a
medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
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plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
Section 5. No Non conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts the findings of
facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas"
clauses contained herein.
Section 7. Work Program. The Director of Community Development and /or
his /her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries, production facilities, and
processing facilities including but not limited to review of the pending dispute between
state and federal law enforcement authorities regarding the legality of medical
marijuana under any circumstances and notwithstanding the enactment by the
legislature of RCW 69.51A. In the event that such uses are ultimately determined to be
legal, the work program should also develop appropriate land use regulations pursuant
to the newly amended law for review and recommendation for inclusion in the zoning
regulations or other provisions of the Tukwila Municipal Code. The Finance Director
and /or his /her designee is hereby authorized and directed to develop appropriate
business licensing and other regulations pursuant to the newly amended law for review
and recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Repealer. Ordinance No. 2348 is hereby repealed.
Section 9. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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Section 11. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayor's review Council review
07/16/12 Co
08/06/12 Co 5 B
ITEM INFORMATION
CAS NUMBER: STAFF SPONSOR: MAYOR HAGGERTON ORIGINAL AGENDA DATE: 07/16/12
AGENDA ITEM TITLE Ethics investigative findings and disposition.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mt g Date Mtg Date Mtg Date Mtg Date Mtg Date Mt
g Date 8106112
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police Piv
SPONSOR'S pursuant to Tukwila Municipal Code 2.95.040, the Mayor is required to place the
SUMMARY investigative findings and disposition of ethics complaints against elelcted officials on the
agenda of a regularly scheduled meeting. This is for the Council's information only and
requires no council action other than acknowledgement of receipt.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE N/A
COST IMPACT /FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE.I RECORD OF COUNCIL ACTION
07/16/12 Forward to Regular Meeting of August 6, 2012
MTG. DATE ATTACHMENTS
07/16/12 Investigative findings and disposition
08/06/12 Investigative findings and disposition
7
x
July 2, 2012
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
Kate Kruller, Councilmember
P.O. Box 69534
Tukwila, WA 98168
Dear Ms. Kruller:
On May 15, 2012 an ethics complaint was filed against you. Pursuant to TMC 2.95, 1 retained the
services of an outside investigator to investigate the compliant and issue findings and conclusions about
whether a violation of the City's Code of Ethics had occurred. I received the investigator's report on
Thursday June 28, 2012. TMC 2.95.040 requires that I issue a written disposition to the complaint.
Based on the investigative findings, 1 determine the complaint to be sustained. The penalty for such
violation is as follows:
(1) Be aware of how your position as a City Councilmember can be perceived when interacting with
City staff for private matters. Refrain from using your position as a councilmember to secure
special privileges or creating the perception of engaging in such activity.
(2) Pay restitution to the City in the amount of $1000.00. This sum represents the difference
between the full amount of the rental fee that should have been charged for the event that you
booked at the Community Center and the amount that you paid. This amount includes a
forfeiture of the $500.00 deposit that you should have been charged, due to the violation of the
alcohol policies and procedures. A detailed breakdown of this rental fee analysis is attached.
(3) This determination does not prevent the Council from taking any action it may deem necessary
as a result of these findings.
TMC 2.95.040 obligates the City to place the investigator's findings and conclusions, as well as a copy of
this letter on the agenda for the next regularly scheduled meeting of the City Council. Thus, this matter
will appear on the consent agenda on July 16, 2012.
If you have any questions about this process, do not hesitate to contact me.
Sincerely,
Jim Hagge
Mayor
Enc.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Phone. 206- 433 -1800 CW Hall Fay 206- 433.1833 wtinv.c1.tukwl1a.wa.us
9
Tukwila Community Center Weekend Resident Rental Fees and Deposits
Rental Fees'
Full Banquet Room (5 hour)
Kitchen (5 hour)
Full Banquet Room (10 hour minimum on Weekends)
Kitchen (10hour minimum on Weekends)
Subtotal Rental Fees
Other Fees /Deposits
Alcohol Fee with City Alcohol Beverage Request Form
Damage Deposit (refundable only if all rules are met)
Subtotal Other Fees /Deposits
Total Fees and Deposits
Fee /Deposit Fee /Deposit
Fee /Deposit
Paid to be paid Difference
450
450
150
150
825
825
275
its
600 1
l,loo l 500
200
500
500
Soo 500
600
1,600 IS 1,000
I. PerTukwila Community Center Rental Fees
"Weekend Rates apply... all day on Saturday and Sunday. A 10 -hour minimum rental is required."
2. PerTukwila Community Center Rental Information Packet:
page 3: "Damage deposits are 100% refundable as long as the following conditions are met:
6. All rules /guidelines governing alcohol consumption as stated on the Alcohol Beverage Request Form are met.
If these conditions are not met to the sotlsfaction of staff per these guideline and others listed within this
packet and accompanying documents, an appropriate fee will be deducted from the damage deposit. if
necessary, the ren tol applican twill be charged to cover any additional costs."
Page 8: Alcohol Information
All applicants that wish to distribute, serve, orconsume alcoholic beverages during any use of the Tukwila Community Center MUST
complete and submit an Alcohol Beverage Request Form (ABRF) for approval. The applicant understands that completing the ABRF
does not guarantee that you will be able to have alcohol during your event. It is simply a request and must be approved by the City
prior to your event. Your request maybe approved with additional conditions or even denied. The applicant must meet all obligations,
rules and regulations set forth below and on the ABRF,
...10. Serving /consuming alcohol without proper approval, outside the approved conditions, and /or in violation of any of the
above rules and regulations may result in a citation by Police, immediate cancellation /shut down of event, forfeiture of
Damage Deposit, and /or additional fees /penalties.
10
KUSSMANN LINDSTROM, -':S.
ATTO1t MIS AT U'W
7350 CIRQUE DRIVE WEST, SUITF 102 UNIVERSITI PLACE WA 98467
PHONE (253) 2843250 FAM (253) 284-9251
June 26, 2012
PERSONAL AND CONFIDENTIAL
James Haggerton, Mayor
City of Tukwila
P.O. Box 69534
Tukwila, WA 98168
Re: Complaint Potential Violations of City of Tukwila Code of Ethics
Dear Mayor Haggerton:
This is a report on the investigation of a Complaint of potential violations of the
City of Tukwila Code. of Ethics by Councilmember Kate Krulier. The investigation was
commenced as a result of a complaint from Tukwila Community Center staff. The
Complaint implicated prohibited conduct under the Tukwila Municipal Code, Chapter
2.95 Code of Ethics.
The Code of Ethics provides for a specific Complaint Process (TMC 2.95.040).
As required by the Tukwila Municipal Code, any complaint the Code of Ethics may
have been violated must be submitted to the Mayor, and the Mayor shall designate an
individual to conduct an investigation in this case, the undersigned. As required by
the aforementioned Complaint Process, the undersigned advised the Subject that the
Complaint had been made and that an investigation would be conducted.
The investigation was commenced on June 1, 2012. Six Individuals were
interviewed, including John Dunn, Daniel Blanchette, Rick Still, Stacey Agmata,
Kimberly Matej, and Kate Kruller. The Investigator reviewed the May 8, 2012,
summary of issues prepared by the Facilities Coordinator and the May 15,.2012
Memorandum submitted to the Mayor by the City Attorney.
The Investigator also reviewed the implicated Code of Ethics, and the Statement
of Purpose, as set forth in TMC 2.95.010 as follows:
A. It is.the policy of the City of Tukwila to uphold, promote and
demand the highest standard of ethics from all of Its employees and officials,
I also attempted to contact Kathy Kupslk, without success, though we did unsuccessfully return each
other's phone messages. Ms. Kupsiles Involvement, while not clear, appears to be limited to having also
observed the events of February 18, 2012.
11
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 2
whether elected, appointed or hired. City officers and employees shall maintain
the utmost standards of personal Integrity, truthfulness, honesty and fairness in
carrying out their public duties; they shall avoid any improprieties in their roles as
public servants, including the appearance of impropriety; and they shall never
use their City position or powers for improper personal gain.
B. It is the intention of the City Council that TMC Chapter 2.95 be
liberally interpreted to accomplish Its purpose of protecting the public against
decisions that are affected by undue influence, conflicts of interest, or any other
violation of this Code of Ethics. In Interpreting TMC Chapter 2.95, City officers
and employees should be guided by common sense and practicality. This Code
of Ethics is supplemental to Washington State law, RCW 42.23.
The Investigator also noted the following provisions with regard to prohibited
conduct under TMC 2.95.030 as follows:
1. General Prohibition Against Conflicts of interest. In order to avoid
becoming involved or implicated in a conflict of interest or Impropriety, or an
'appearance of a conflict of interest or impropriety, no current City officer or
employee should be involved in any activity that might be seen as conflicting with
the conduct of official City business or as adverse to the interests of the City.
Even the appearance of the conduct prohibited in TMC 2.95.030 alone may be
sufficient to constitute a violation of this Code of Ethics,
S. Improper Use of Position Prohibited. No city officer or employee
shall knowingly use his/hbr office or position to secure personal benefit, gain or
profit, or use his/her position to secure special privileges or exceptions for
him /herself, or for the benefit, gain or profit of any other persons. This provision
shall not preclude an employee from rights protected by the Public
Employees Collective Bargaining Act, including the right to negotiate agreements
that address the wages, hours, and working conditions of employees of the City.
Findinas
1. Ms. Knaller is a Member of the City Council of the City of Tukwila.
2. The Tukwila City Council positions are non- partisan.
3. Ms. Kruller Is active in partisan politics (Democratic party) outside and
unrelated to her City Council position.
12
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 3
4. Ms. Kruller is a resident of the City of Tukwila.
5. Prior to February 18, 2012, Ms. Kruller had a discussion with the City of
Tukwila staff, in which conversation she was cautioned about using her residency status
to arrange for a partisan campaign event for a nonresident of the City of Tukwila. Ms.
Kruller denies any such communication.
6. Ms. Kruller was advised that the "perception" of her involvement could be
that she was taking advantage of her Council position while making arrangements for
the partisan campaign event and it was suggested that she talk to "Legal."
7. Ms. Kruller rejected the expressed concerns and did not speak to the City
Attorney.
8. On February 18, 2012, Ms. Kruller, with a non resident, approached the
front desk at the Community Center and asked to rent a room for a campaign event in
April 2092. The candidate was not a resident of Tukwila, and Ms. Kruller wanted to use
her residency status to get a lower rental rate.
9. The Community Center has allowed, though discouraged, residents to
make rental arrangements for nonresidents in the past, but the resident is the
responsible person for meeting all rental requirements.
10. On February 18, 2012, Ms. Kruller was advised by the Community Center
staff person on duty that he could not book or reserve the space, and advised her that
she needed to contact the appropriate representatives during normal working hours,
Monday through Friday. Ms. Kruller would not take "no" far an answer. When the staff
person continued to advise that he could not do what she was asking, she insisted that
he call one of the staff persons (at home) who worked Monday through Friday,' but he
initially refused to do so.
11. Ms. Kruller persisted and asked how much she needed to pay for a
deposit, and the staff person again told her that he could not take the deposit, that he
did not deal with money, and that she needed to make arrangements with the identified
persons during normal business hours, Monday Friday. Ms. Kruller then
handed the staff person a check ($300.00) to which the staff person responded, "I can't
take this." At that point Ms. Kruller said, `There has got to be something we can do."
She also said, 'Rick Stills is here, do I need to go get Rick?" The staff person
responded and told her "No, you need to talk to Stacey or Lisa."
13
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 4
12, As Ms. Kruller continued to press him to take her check to "hold the room'
he was feeling very III at ease by the repeated demands being made by a
Councilperson. Thus, he- called one of the persons who does scheduling at home. She
told him that If the Councilperson continued to insist on_ giving him a check, that he take
the check and provide her with a handwritten receipt, and tell Ms. Kruller that she still
needed to follow -up during the next week to complete the process. Ms. Kruller
continued to demand that he take the check, and he accepted the check and placed it in
the staff offices.
13. The normal resident rate for the rental of the room requested by Ms.
Kruller, for the date and time requested, would have required a 10 hour minimum and a
$500.00 damage deposit.
14. The person responsible for scheduling the room followed up with Ms.
Kruller. Ms. Kruller advised, in-part, that she had had a conversation with someone at
City Hall regarding the room rental. The Community Center Representative, though she
cannot recall the specific comments, "felt" she was being told by Ms. Kruller that
someone at City Hall had approved not only her renting the room under the resident
status, but also had approved her renting the room for less than the required 10 hour
block, and approved the waiver of any damage deposit. She stated she did riot feel it
was appropriate to question or challenge a City Councilperson on these issues.
15. Ms. Kruller received all of the City of Tukwila information regarding the
rental, including the Rental Information Packet, and the Tukwila Community Center
Rental Clean -up Checklist. Ms, Kruller filled out (her handwriting) a Residential
Application to rent the room from noon to 5 :00 p.m., without a damage deposit and
indicating that no alcohol would be served.
16. Ms. Kruller's rental of the room for five hours and with the damage deposit
waived was approved by management because of her conversations with the staff
person (suggesting that she had approval to do so from somebody at City Hall) and
because she was a Councilperson.
17. Ms. Kruller stated that on April 22, 2012, upon arriving at the event at the
Community Center sometime between 12:30 p.m. and 12:45 p.m., she noticed that
there was a bar setup on ice chests In the comer, and inquired of the candi'date's
representatives whether they were serving alcohol. She was told "yes." She asked if
they had a permit, and was told that they did. Ms. Kruller said she saw the per taped
to the wall. She asked If they had told someone at the Community Center that they
were doing this, and while she does not recall the exact response, she "felt the
14
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 5
response was in the affirmative." She did not ask that the bar be discontinued, and she
did not talk to anyone at the Tukwila Community Center about the continued service of
alcohol.
18. Ms, Kruller felt that the serving of the alcohol was not "clandestine" and
was open to view at all times. She noted that the campaign event had a state liquor
license, and she fully expected that the "nonrefundable alcohol charge" would be billed
to her. It was not. She said that she did not understand why someone didn't just call
her and /or bill her, to take care of this matter, rather than filing an ethics complaint. She
expressed concern that the employee staff at the Community- Center was being
badgered and /or unduly influenced. and pressured by management to raise this issue.
z
19. Ms. Kruller acknowledged that she was responsible for the rental room,
but that she had never read any of the policies or procedures that were sent to her.
20. At the conclusion of the campaign event on April 22, 2012, the Tukwila
Community Center staff observed, for the first time, that there were beer and wine
bottles in the trash, and that signs had been taped to the walls. There had been no
damage to the walls as a result of the taping. Further, the event participants did not
check out until 5:40 p.m.
21. The Tukwila policies with regard to the room rental make it clear that the
use of alcohol in the facility must be authorized and required a $200.00 nonrefundable
alcohol fee. The policies further provide that the serving /consuming of alcohol without
proper approval may result in a citation by police, an immediate cancellation /shutdown
of the event, and /or forfeiture of the damage deposit. In addition, the policies provide
that upon the conclusion of the event, the damage deposit would be charged for
appropriate fees to cover expenses, including additional staff time (one hour minimum
$120.00) if the event exceeded the scheduled. time. Ms. Kruller has never been
charged any additional fees or costs.
22. Ms. Kruller asserts that she did not request any personal benefit or
waivers with regard to minimum hours or damage deposits. She said she simply signed
the Agreement which was presented to her by the staff, and that the waivers of the
damage deposit and the 10 hour minimum were not made at her request. She did not
feel that she exercised any influence, nor conducted herself In a way which would have
caused the staff to feel that they needed to give her any favors.
2 The Investigator did not develop any Information suggesting that the Involved employees felt compelled,
badgered or pressured In any way to bring their concerns forward.
15
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 6
Conclusions
1. Ms. Kruller knew, or should have known, that her insistence on February
18, 2012, to rent/reserve a room at the Community Center, contrary to procedure, could
be viewed as using her position to secure a benefit, special privileges or exceptions for
herself or for other persons.
2. Ms. Kruller knew, or should have known, that her conduct on February 18,
2012, including her comment to the staff person "Do I need to get Rick could be
viewed, when made by a City Councilperson, as a threat in furtherance of her efforts to
secure benefit, special privileges or exceptions for herself or for other persons.
3. Ms. Kruller knew, or should have known, that all of her communications,
and the nature of those communications, with Community Center Representatives
regarding the room rental, and specifically her communication that her requests had
been approved by "someone at City Hall," suggested to employees and management
that her requests (resident rate, reduced hours, and damage deposit waiver) had been
authorized by the City.
4. Ms. Kruller completed the application for the room, and specifically
advised the City that no alcohol would be served.
5. Ms. Kruller knew, or should have known, that the serving and consumption
of alcohol at the campaign event, without prior approval, could have resulted in the
immediate shutdown of the event, and the forfeiture of a damage deposit, yet she took
no steps, as the responsible person for the event, to either discontinue the serving -of
alcohol and /or to advise Community Center staff that alcohol was being served.
6. Ms. Kruller knew, or should have known, that a $200.00 nonrefundable
alcohol fee had not been paid, that because of the violation of the alcohol policy, a
$500.00 damage deposit could have been forfeited (if pald), and that an additional one
hour minimum $120.00, should have been charged for the event's late checkout.
7. Ms. Kruller knew, or should have known, that the failure of the City of
Tukwila Community Center staff to follow policies with regard to the renting of the room
in the Community Center, and with regard to violations of those policies, was because,
or could appear to be because, she was a City Councilpersbn.
16
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 7
8. Ms. Kruiler was involved in a course of conduct and activity which, even if
not intended to be adverse to the interests of the City, has an appearance of conflict of
interest or impropriety.
If you have any questions, please contact me.
Yours very truly,
Edward R. Lindstrom
ERL:jav
1151545TAreport
17
ilg
City of Tukwila
Jim Haggerton, Mayor
CITY ADMINISTRATOR REPORT
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: August 1, 2012
SUBJECT: Report for August 6, 2012 Regular Council Meeting
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. The report consists of
information provided by the Executive Team, with editing and input by the City Administrator.
Please let me know if you have any questions or need additional information about any of the
following items, and please feel free to contact any of the department heads for additional
information.
I. Intergovernmental and Local Issues Update
MEETINGS
Annexation Update: The City Administrator, Community Development Director and staff
have been meeting with our consultants and Fire District representatives regarding the
proposed annexation area on the Duwamish. Staff members are planning to attend both
Fire District Commissioner meetings on August 16 to continue the open dialogue. This
issue is tentatively scheduled for the August 20 Council meeting.
Il. Department Updates
MAYORS OFFICE
Strategic Planning:
In addition to the third Steering Committee meeting held July 25, an update was also
provided to the Executive Team. As part of the community outreach effort, three Family
Education Nights, sponsored by the Tukwila School District, provided City staff with
opportunities to have candid conversations with many of our immigrant and refugee parents
of school -aged children. A cross cultural forum is being developed which would include
representatives from City leadership, Steering Committee members, direct service providers
and others, to solicit input regarding the future of the City from our culturally diverse
residents.
A City Council workshop has been scheduled for August 8. The community survey, photo
project, staff survey and stakeholder interviews are continuing. Strategic Planning
ambassadors will be participating in the Night Out Against Crime event on August 7, as a
way to continue conversations with residents in our neighborhoods about their vision for
Tukwila's future.
19
City Administrator Report
Page 2
TUKWILA MUNICIPAL COURT
Regional Affiliations: LaTricia Kinlow, Court Administrator, participated on the interview
panel for the recruitment of a new State Court Administrator. Her participation was at the
request of Chief Justice Barbara Madsen of the Washington State Supreme Court.
POLICE DEPARTMENT
Crime Reduction Workshop: On July 12, staff came together for a workshop to identify
and recommend strategies to reduce crime in Tukwila. A group of 17 department members
that included commander staff, supervisors, and line personnel formed the team. Three
strategies were identified and resources were determined. The group brought each strategy
to its minimum resource requirements and then prioritized the strategies based upon what
they believed would have the greatest positive impact on crime. Command staff will work
with City Administration on the viability of strategy implementation.
Registered Sex Offender Address Verification: For several years the City has entered
into a "Cost Reimbursement Agreement" with the King County Sheriff's Office (KCSO) for
the purpose of verifying the address and residency of registered sex and kidnapping
offenders (RSOs). KCSO manages the funding from a grant from the Washington
Association of Sheriffs and Police Chiefs and will reimburse overtime for Tukwila detectives
to make direct contact with RSOs to verify their place of residence. In the last calendar
year, Police staff processed claims totaling $14,100.00. For the upcoming calendar year the
total amount that can be reimbursed to Tukwila is $20,938.67. The schedule of contact by
Police staff is to verify Level I offenders once every twelve months, Level II offenders once
every six months, and Level III offenders every three months.
HUMAN SERVICES
Non Profit Proposal Review: On July 19, the Human Services Advisory Board completed
review of 46 qualified human service applications. Requests totaled $471,501 and
recommendations were made for $365,170.
Global to Local Update: The three community health promoter positions are in the process
of becoming permanent under HealthPoint. Diabetes education continues with three
different ethnic groups. Alma Villegas, formerly with the Community Schools Collaboration
was hired as the Leadership Coordinator, and Global to Local was commended for their
work by the King County Board of Health on July 19.
COMMUNITY DEVELOPMENT
Fred Eastland Mobile Home Project -12242 48 Avenue S. Permit D12 -054:
Inspections were completed which included demolition and removal of the original single
wide mobile home and placement of the new double wide for setback compliance.
Additional tasks will be completed within the scope of work associated with this project.
Planning Commission Vacancies: Two commissioners, Jeri Frangello- Anderson and
Aaron Hundtofte, resigned from the Planning Commission in the past month. These
vacancies, combined with scheduling conflicts of two other commissioners, left the Planning
Commission meeting of July 19 without a quorum for a hearing on the Southcenter Plan.
The hearing has been postponed until August 23, and outreach is occurring to ensure the
public is well informed.
Tent City: City staff representatives from Police, Fire, Public Works, Community
Development, and Human Services met with Reverend Jan Bolerjack of Riverton Park
United Methodist Church and representatives of Tent City to discuss their plan of bringing
Tent City to Tukwila. Approximately one hundred homeless individuals are planning to live
in the City from August 18 to November 17, 2012. Tent City residents had previously stayed
in Tukwila approximately five years ago.
20 ZA CityAdministratorReports20l21CAReportAugust6- 2012FINAL.docx
City Administrator Report
Page 3
ECONOMIC DEVELOPMENT
Washington Tourism Alliance (WTA): Seattle Southside Visitor Services is supporting the
WTA in an effort to identify and implement a sustainable funding mechanism for statewide
tourism marketing. Tourism staff participated in a WTA discussion with industry
representatives in Seattle on August 2. The specific funding mechanism is still being
developed.
Regional Collaboration: Economic Development and Seattle Southside staff met with
representatives from the City of SeaTac and SeaTac Airport on July 24 to discuss
opportunities for collaborating on tourism services. The Port has identified tourism as a part
of its Century Agenda and the cities and Seattle Southside will continue to explore this topic.
Tukwila Lodging Tax Advisory Committee (LTAC): The Committee met on July 26 and
was coordinated by Seattle Southside staff and attended by Mayor Haggerton, Council
President Seal, the City Administrator, Finance Director, and Economic Development
Administrator. The LTAC recommended a budget for 2013 -14.
South King County Economic Development Initiative SKCEDI): Economic
Development staff attended the SKCEDI meeting on July 26. The group is still working on
updating the regional business attraction program.
Open House Events: Economic Development staff attended the Valley View and Water
District 125 open house event on July 26. Those districts are pleased to serve the
upcoming Tukwila Village development.
Shoreline Habitat Restoration: Economic Development and Parks staff attended a
meeting on July 23 with representatives from BECU and Forterra to continue planning a
launch of a Duwamish shoreline habitat restoration program led by BECU called Restore the
Duwamish Shoreline Challenge. The launch event is scheduled for Friday, September 14 at
1:00 p.m. at BECU. More information available at www.RestoreTheDuwamish.ora.
PARKS AND RECREATION
Metropolitan Park District (MPD) Receives Grant Funding for Pool Improvements:
Rick Still, Parks and Recreation Director, received news that the MPD was awarded the full
grant amount of $416,666 that was requested. We will be working with our partners and the
Board to determine what action may be necessary at the next MPD meeting on August 20.
Congratulations to all of those who have helped out in the process: the residents who have
supported the pool and provided input; the Tukwila Pool Advisory Committee (TPAC) who
provided their in -depth recommendations to the Board; City staff who worked diligently with
McKinstry and other partners to formulate this grant request; and to the Board members
who deliberated the best approach to improve the pool and submitted this request.
Summer Concerts and Movies Update: Staff continues to host the summer concerts and
movie events on Friday nights. Concert attendance is high with 200+ for Caspar Babypants
and about 135 for The Bubbleman. Waste Management is hosting a Community BBQ event
on August 10 at the Tukwila Community Center prior to the Friday Night Movie. Tukwila
Kid's Festival will be on August 11 at Cascade View Park from 12 noon to 4:00 p.m.
Summer Programs and Camps Update: Registration for Summer Camps (TeenVenture
Tukwilly) is up by approximately 17% compared to 2011. The Playground Program
started in early July at Cascade View Community Park and is held Monday through
Thursday, with approximately 70 kids participating daily. The Playground Program also
supplies free lunches to attendees 18 years of age and younger.
Hyde Shuttle: The new Hyde Shuttle Service completed its first month of service in Tukwila
with 100 one -way trips.
Z:1 CityAdministratorReports20l2 \CARepoMugust6- 2012FINAL.docx 21
City Administrator Report
Page 4
lll. Responses to Council /Citizen Inquiries
Follow -up from City Council meeting of June 4, 2012 regarding large plaque -like
monuments on South 144 and Macadam, So. 139 etc.: These monuments were
placed by the Arts Commission. Plaques should be placed on the monuments in the future.
Follow -up from Council meeting of June 18, 2012 regarding parking in the area of
South 139th at Joseph Foster Park. Staff investigated the request for modifying the
parking to accommodate angle parking instead of parallel parking to increase the number of
parking stalls for park users. The use of these additional stalls would be for special events
and during weekend sporting events and tournaments. There is a retention pond along the
west end of the park edge that prevents the entire area from being transitioned to angle
parking. There are approximately 150 feet where the park fence could be moved further into
the park, which would involve grading of the shoulder, the addition of gravel and signage to
accommodate approximately 12 additional parking stalls. This would increase parking
capability from approximately 6 parallel parking stalls to approximately 18 angle parking
stalls. A contractor's quote to complete this scope of work was $21,120, with an additional
$9,500 to pave the area instead of leaving it gravel. If this is something the City Council
would like to pursue further, staff would look into performing some of this work in house to
see if cost reductions could be realized.
Follow -up from City Council meeting of July 16, 2012 regarding jersey barriers on the
Tukwila Village site: Public Works staff has replaced the barriers and added tow away
signs.
Follow -up from City Council meeting of July 16, 2012 regarding "Do Not Feed the
Birds" signs on the Tukwila Village site: Public Works staff has installed the "Do not feed
the birds" signs. Anyone who witnesses someone feeding the birds is asked to notify the
Council Analyst.
Follow -up from City Council meeting of July 23, 2012 regarding dead trees at the
Tukwila School District bus parking lot on East Marginal Way South: Community
Development staff visited the site where two groups of dead trees were observed. There
are several dead trees along East Marginal Way South, outside the fence that surrounds the
School District bus parking lot, which appear to be on School District property and not in the
right -of -way. These trees look to be part of the landscaping along the street frontage of the
property. The School District will be contacted to request that the trees be removed and the
landscaping maintained. The other trees are along the south side of the bus parking lot on
the adjacent property. This property is scheduled to be developed as a mixed use project,
and these trees will be removed when development gets under way, probably sometime
next year.
22 Z:1 CityAdministratorReports2012 ICAReportAugust6- 2012FINAL.docx
Upcoming Meetings Events
August 2012
6th (l\londav)
7th (Tuesda
8th (11 "ednesda
9th (Thursday)
10th (Frida
11th (Saturda}
r C iN it SerN ice
Neighborhood
City Council
Peanut Butter and
Council Coffee Chat
Commission,
Resource Center
A`'orkshop on
Jam Family
111:1111 _AA1 to
5:00 plvI
Ribbon Cutting and
Strategic Plan
Entertainment
12:1111 NoO N
CR _1
tour
6:00 Sinn P\,1
Series
(T7flll�7lU
FREE family- find
(�15�i
1 �.1'6_'Tj$
C'nn7nnu7rh° C'entcr)
12:00 Noon
r Transportation
'.nnnnonfi ('enter
Stop by and informally
Crate,
r Chamber of
by the Spr,n-Park)
talk ii °ith a Tukll °ila
5:15 p I
Commerce
This ii °eel.:
Citv Councilmember
R -11
GoN I
The l outs
about anything on
Community
your mind regarding
Affairs Crate,
Waste
Tukll °ila.
r City Council
12:00N, N
Management
Foster GolfLiuks
ElecutiNe
(Chajnbcr
Community BBQ
Clubhouse
Session,
Office')
5:00 -8:00 PM
(13500 Interurban_ tires)
6:00 plvt
(Tukwila
Community
Centel)
r City Council
R. S. V. n b 8/6
y
Tukwila Bids'
Reg far l ltg.,
C''n7celled
206 505 -9057
Festival
7:00 F
y qty
FREE Summer
Noon 4:00 Pl l
(Cascadc i ie'1l'Pa rk
(Colmc
>llllllltitilt)11,
Outdoor Cinema
l
1-{. '11 Vt'.`;.)
Chambers)
5:30 F,m
Series
Free Fa rmh- Fun!
C'nn7nnu7rt
Donation of tryo
Interacti5`e booths,
(_'e'l7te'r)
cane of food per
meet and greet
R.`;I I' de'Udlll7t' to)'
falllll� ll1e11111et
characters, and local
IF Isr �Ia77U C'777t'77t
lecluested to support
the Tuk,,da Food
band Recess 1 lunke,
C'nn7nnu7rh °BBC) crt
Tnhrda C'017n1117rh°
National Night Out
Pantr\
onvnun,ln
(_'e'77te'I' /177 _-i 7f,�7fst
Take p art in N7�Dr
1\Iosae starts at
10. To re'.ee'n,cYonr
neighborhood event
dusk.
pat call
and send the messaL
Todac's movie:
06 -i05 -905
to criminals that they
Tlhe 1uly)ets
are not v el onie in
Concessions
Tukv,dal
available.
Primary Election
Dav
msrdc m rh<<,�rrr.,f
m ✓lcmcnt,rcathcr 1
13th (Alonday)
14th (Tuesday)
15th (11 'ednesday)
16th (Thursday)
17th (Friday)
18th (Saturday)
Y' Community
Y' I Ttllltles cinte,
Y' Parks
Y' Tuhevlla
19th Amnual
Affairs Parks
5:00 p1v1
Commission,
Historical
Conwhwhitp Garage
Crate,
((_'R 1)
5:30 F
Society`,
Sale
5: 00 plvI
o777777((mh'
7:1111 FM
_August 18 19
((R 3)
('e'nte'r)
(Tulanla Hentnr,e
Look for yellolr .si gm
'P- ('ulnoral
01 TnIhirda
r TukAvila
r Lnbn a 5-
enter, 144'5
S l
Bids Closet a& Junk
r City Council
International
Ads isory
in the Trwhk
Committee of
BouleN and
Board
August 18
the «hole 1\Itg.,
action Crate,
7:00 F,m
5:00 A�I Noon
7:00 F
7:00 F'I\I
(Foste'r L(bra7v)
(Tulhrrla C'nn7nnu7rh°
(('()td77C'7l
((_'ilr77r777fmr),
PUr'kmi, Loo)
Chambers)
Center)
Great ETrban
C'ohuuunity
Campout
5:00 PM SaturdaN
s is to 9:00 _\I\J
SundaN s. 19
((_'resh'relr (_bmnntnth'
Park
1 COO 4. "_eve S)
Cost is `);15.1111 /Tent
Resister early, space is
limited. (-_06-768-
i Chamber of Commerce's Tukwila Govermuent and Conuuunity Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
C'ont,rctLrnn IT ,111,Ice art ZU(,- s's -1
r City C'owicil C'onuuittee of «'hole (C.C).«'.) fleeting: 2nd &'th 1 lon., 7:00 F Council Chambers at City Hall.
i City Cowhcil Regular fleeting: 1st 3rd 1 lun., 7:00 F Council Chambers at City Hall.
i 0 5eh-,Ice Conuuission: 1st felon., 3:00 pm, Coat Room 3. CojiractLim (nlr77w7 ar '0(,- 4 =1,5'.
r C'onuuwhity Affairs a& Parks Committee: 2nd 4th 1 lon., 3:00 F Conf: Room 3
r Finance a& Safety Cohwuittee: 1st 3rd Tues., 3:13 F CorT Room 3 _11cerm" au7celled for N r htOnt.
r Parks C'ohwuission: 3rd «'ed., 3:30 F Senior Game Room at Community Center. C'o77tacr Dare fohmO17 206- '6 -_'_OS.
r Tukwila Historical Society: 3rd Thurs., 7:00 F Tukwila Heritage Cultural Center, 1 4475 3.9 AN enue S. Co77tactPar Brocim art
06 -43 3 -LN,1.
r Transportation C'ohwuittee: 1st 3rd 1 lon., 3:00 F Couf: Room 1 (_l) Tnhrda (B)
TnIairdaIrbajiC'nter lcccss(Lhcl oar) Prole' ctLIT) -Vo33F a /,.l,cc(c71Boicl(LP sse'777bh'.Cn(d'.
23
August 6 13
See agenda packet Suecial Issues:
cover sheet for this Reserve Policy
week's agenda
(August 6, 2012
Regular Meeting).
September 4 (Tuesday)
Public Hearin a:
Sound Transit
Unclassified Use
Permit.
Unfinished Business:
Sound Transit
Unclassified Use
Permit.
10
20 27
Unfinished Business:
Reserve Policy
New Business:
An ordinance for the
COMMITTEE OF THE
North Highline
WHOLE MEETING TO
Annexation.
BE FOLLOWED BY A
SPECIAL MEETING
17 24
Suecial Presentation:
Strategic Plan "Work
Session
24