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2018-03-06 Council MIN - Regular11146, CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall March 6, 2018 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:06 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, CouncilmemberJesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Mayor's Emerging Issues and Report • IRG Clearing Update Mayor Ferrell discussed the clearing as brought up at a recent Council meeting. He asked Community Development director Brian Davis to report on the concerns. Director Davis reported the staff viewed the property and has contacted the property owner who is making corrective action as required by the city. • Legislative Update Mayor Ferrell and Senior Advisor Yarden Weidenfeld gave a brief update on legislative issues including the Governor's veto of public records policy in the state legislature. The Mayor urged the Governor along with our state representatives and the local papers to address this issue. Mr. Weidenfeld reported on the overall progress being made by our representatives in Olympia. He feels there is wide success in what the city has requested. Funding was approved for Forterra, the Performing Arts and Events Center and Safe City cameras. The remaining requests are still in process and show promise of approval before the session ends. • PSRC — Regional Airport Baseline Study Mayor Ferrell noted this is a multi -front, multi -jurisdictional and complex issue with the SeaTac Airport. He feels strongly on this issue and has attended multiple meetings and testified on behalf of this Federal Way City Council Regular Minutes Page 1 of 10 March 6, 2018 community. He also reported the study scope did not include capacity and ultimate ceiling at the airport and the effect on the neighboring cities. He asked to have those issues be added to the study. • Sea-Tac Stakeholder Advisory Round Table (StART) Meeting Mr. Weidenfeld reported the StART group was formed by the cities of Des Moines, Burien, Sea-Tac, Federal Way, Normandy Park,Tukwila and includes the City Manager(or high level staff person)and two community representatives. The director of the airport also attends, representing the Port.Alaska Airlines and Delta Airlines have representatives, and the FAA is participating in the meeting as well. The meetings will be every other month opposite of the Highline Forum which hosts elected officials. Federal Way will host the Highline Forum meeting on March 28 at Council Chambers. • Mayor's Quiet and Healthy Skies Task Force Update Mr. Weidenfeld noted the task force continues working on finalizing the report which is estimated to be near completion. • Announcement of the Homeless Task Force formation Mayor Ferrell is working at formalizing and finalizing the task force members and will announce and will introduce the members at the next City Council meeting on March 20. Councilmembers reiterated their continued interest on the airport noise issue and are definitely partners in this effort to find a good outcome for the community, as our community is disproportionally effected. The length and cost of the airport study was also raised. 4. CITIZEN COMMENT Tim McClain, spoke as a concerned citizen regarding the proposed utility tax ordinance. He attended a meeting with the Mayor and Lakehaven representatives and urges the city to use a collaborative approach in good faith to find a sustainable solution. Bob Darrigan praised Chief Hwang and the Federal Way Police Department for their assistance in locating and recovering his stolen musical instrument. Dana Hollaway is concerned with the SeaTac Airport flight path and the emissions that are affecting the community. She feels since the meeting in November 2015, not enough is being done by the Mayor and Council; she encourages the Council vote to approve the draft resolution on tonight's agenda. Julien Loh, representing Puget Sound Energy reported on PSE's new and ongoing programs targeting energy efficiency. He noted representatives will be in neighborhoods in the coming weeks promoting home evaluations for energy assessments, including information on rebates,tips and free fixtures. Councilmembers thanked Mr. Loh for the update and inquired about programs to assist seniors through PSE. Richard Pierson updated Council on similar efforts made in the community for the homeless by many organizations including faith based groups and the ReachOut Shelter. He recognized the Mayor, city staff and IRG for their prompt attention and action around the brush removal near the technology center on the former Weyerhaeuser property, however he is concerned over the potential public response if the property is clear cut as requested by the development applications by the current owners. Federal Way City Council Regular Minutes Page 2 of 10 March 6, 2018 Wanda Vargas is very concerned over the condition of the local libraries and the homeless issues she has come across. She feels the libraries have become a dangerous place and the librarians need assistance. She would like the city to look into this issue. J C Harris, a Des Moines resident provided technical information to Council regarding data he has collected regarding airport communities. He feels the information is beneficial to the city. Linda Kochmar thanked Councilmembers for taking time to meet with her and answer her questions. She implored the Council to connect with regional leaders such as Congressman Adam Smith and lobby to add another regional airport. She also would like the Council to cut spending and increase revenue in addition to encouraging business growth with large corporations. Rebecca Martin, President and CEO of the Greater Federal Way Chamber of Commerce spoke in support of Council Bill #733 on tonight's agenda. The Chamber supports planning and zoning updates for breweries, wineries and distilleries in Federal Way. Lawson Bronson is supportive of previous statements regarding concern with implementing a water and sewer utility tax. He also requested the costs for the Performing Arts and Event Center closely examined. Peggy Maze Johnson spoke regarding the former Weyerhaeuser property and the beauty of the landscape. She is concerned over recent pruning of trees on the campus and lack of care taken with a property she feels is the jewel of the city. She also commented on the recent public records veto by the Governor after regional elected officials and citizens spoke out. Betty Taylor read a prepared statement from Pastor Joe Boeman inviting the community to an event at Billy McHale's on March 16 beginning at 11:30 a.m. She also stated concerns over the clearing of trees on the former Weyerhaeuser property. Vick Vargas (no comment sheet) also spoke in concern over the homeless issue at the King County Libraries. He would like the Council to look into this issue. Letter read into the record from Lori Sechrist requests Council take a proactive approach to the Weyerhaeuser Property instead of a reactive approach as demonstrated in the latest issue regarding tree clearing. The letter also encourages the Council to support the conservation efforts to protect and maintain the 54 acres of undeveloped shoreline on the property. Letter read into the record from Diana Noble-Gulliford suggested taking six specific steps to address budget shortfalls for 2018, and requested Council exhaust all opportunities between the city and Lakehaven prior to enacting an ordinance. 5. CONSENT AGENDA a. Minutes: February 20, 2018 Regular and Special Meeting Minutes b. Monthly Financial Report — Final December 2017 c. Vouchers — January 2018 d. Opportunity Zones Census Tract Recommendation DEPUTY MAYOR HONDA MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Federal Way City Council Regular Minutes March 6, 2018 Page 3 of 10 Councilmember Assefa-Dawson yes Councilmember Johnson yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Lodging Tax Advisory Committee Appointments Councilmember Moore Councilmember Duclos yes yes COUNCILMEMBER MOORE MOVED TO APPOINT JESSICA CHRISTENSEN, MIKE DUNWIDDIE, AND RYAN MILLER AS VOTING MEMBERS OF THE LODGING TAX ADVISORY COMMITTEE WITH TERMS EXPIRING OCTOBER 31, 2019; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Human Services Commission Appointments COUNCILMEMBER JOHNSON MOVED TO APPOINT BRIAN BENTLEY AND JAMILA TAYLOR TO THE HUMAN SERVICES COMMISSION AS VOTING MEMBERS WITH A TERM EXPIRING JANUARY 31, 2021; AND JACK WALSH, ANTHONY PAGLIOCCO, AND BETTY TAYLOR AS ALTERNATE MEMBERS WITH TERMS EXPRING JANUARY 31, 2021; COUNCILMEMBER ASSEFA-DAWSONSECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Resolution Expressing Support of State Budget Proviso to Fund a Study of the Impacts of Sea -Tac Air Operations on Nearby Cities Senior Advisor Yarden Weidenfeld gave a brief presentation on the draft resolution regarding supporting the state proviso to fund a study on the impact of the airport. He noted the Mayor is supportive of the resolution. Councilmember Duclos stated this was brought up and discussed at the most recent Finance, Economic Development, and Regional Affairs Council Committee (FEDRAC). COUNCILMEMBER DUCLOS MOVED APPOVAL OF THE PROPOSED RESOLUTION AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 4 of 10 March 6, 2018 7. ORDINANCES First Reading a. Council Bill #736/Imposing an Excise Tax on Public and Private Water and Sewer Utilities AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON BUSINESS ACTIVITIES OF PUBLIC AND PRIVATE WATER AND SEWER UTILITIES WITHIN FEDERAL WAY; AND AMENDING FWRC 3.10.040. Finance Director Ade Ariwoola thanked the City Council for all of the questions and support over the last few weeks. He discussed the structural imbalance which happens when ongoing expenditures exceed ongoing revenues, creating a budget deficit. At 9:50 p.m. Mayor Ferrell asked for a motion to extend the meeting past 10:00 p.m. DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M. SECOND BY COUNCILMEMBER KOPPANG. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Finance Director Ade Ariwoola invited department directors to the podium to speak about current and past staffing levels, increased responsibility, and overall budget concerns in their department. Parks Director John Hutton gave staggering statistics showing staffing levels in his department. He noted parks maintenance workers are responsible on average for 95 acers per employee. He also noted the city has recently added Town Square Park, Laurelwood Park, Brooklake and two (2) new ballfields at Lakota Park which equal 30 new acres of property which needs upkeep and maintenance. The staffing levels as compared to neighboring cities are as follows: • Federal Way (96,350) 38.5 FTE 1 FTE for every 2,503 residents • Auburn (77,442) 50 FTE 1 FTE for every 1,549 residents • Renton (100,953) 94.5 FTE 1 FTE for every 1,068 residents • Kent (127,514) 98 FTE 1 FTE for every 1,301 residents • Tukwila (20,000) 34 FTE 1 FTE for every 588 residents Mr. Hutton noted the Parks Department had a staffing of 44.25 FTE in 2009 and since that decrease due to the recession, has remained fairly even in staffing since that time. He has recently lost four long time employees to other jurisdictions who offered more competitive salaries and job duties. Public Works Director Marwan Salloum spoke regarding the lean staffing levels as compared to the increase in lane miles, roads, and infrastructure. He is concerned over shifting priorities over the years to respond to current homeless issues and shopping carts pull staff from the daily duties ongoing normal maintenance issues which need attention. The department should be fully staffed in order to respond to normal priorities and new or emergent issues. Mr. Salloum has worked for the city for 23 years and the staff levels are similar in his department as shown in the traffic division alone has the same amount of staff (4 FTE) as was the year he started in 1995. The only slight increase in staff overall is due to mandated requirements from the state. He shared concern with the rate of inflation and unfunded state mandates. Federal Way City Council Regular Minutes Page 5 of 10 March 6, 2018 He noted the street overlay budget is 1.1 million; the same budget amount as it was in 1995. Every year since 2007 the direction has been given to cut department budgets back by at least 3% and when combined with the overall inflation rate, the allocated dollars are not going as far. He stated cutting budgets consistently and not accounting for inflation (2007 to 2017 inflation rate is 20%) has caused this imbalance. Mr. Ariwoola added the cost of living adjustment non -represented staff received of 1% is less than the current inflation rate of 1.5%. Police Chief Andy Hwang briefly spoke regarding the Police Department budget as authorized in 2006 at 136 officers and we have been operating below that number. The increase of population and tremendous growth in the city in that same time frame has also affected calls for service. Average response time for all calls a few years ago were at fifteen (15) minutes and are currently at nineteen (19) minutes. He is focusing and hopeful to reach the staffing level of 136 later this year. Community Development Department Director Brian Davis highlighted staffing concerns in his department and the loss of long term employees to other jurisdictions with better salary and job duties. His department was staffed in 2010 with a high of 31.4 FTE's and currently has a level of 24.75 FTE. In the last five years there has been an increase of 5% annually in volume and only 2.5% increase in staffing means the need is outpacing the staff. He highlighted the Targe projects in the city and direction from Council has made it challenging to keep up with the demand of what the department could be and should be working on. Unfortunately, his department is not nimble and flexible to cut any additional staff at this time with the added demand and lower pay of non -represented staff. In response to questions, Mr. Davis feels increasing staff pay for current employees to retain them is preferred over increasing the amount of new staff. Information Technology Manager Thomas Fichtner provided historical staffing on his department which shows 9.0 FTE in 2002 and a high of 10.6 FTE in 2008. Currently, the IT department is at 7.0 FTE. He further compared multiple neighboring cities including the following: • Federal Way • Auburn • Kent • Renton 7.0 FTE 17.0 FTE 31.0 FTE 18.5 FTE 49.8 city employees to every IT staff member 25.7 city employees to every IT staff member 22.8 city employees to every IT staff member 30.6 city employees to every IT staff member Mr. Fichtner reported there have been an increase in IT needs across all departments over the years including addition of new city facilities, the Safe City program, FWWireless, web permitting, patrol car technology, cell phones, fiber networking, and email archiving. Large programs and applications such as Spillman (police), JustWare (court), AMANDA (permits), Eden (Financial), Laserfiche (document management/retention), VueWorks (public works), and CLASS (parks) are also all supported heavily by his staff. His staff across the board, multi -tasking over different job duties such as help -desk support, in addition to working night meetings, and weekends on system updates. He is concerned with retaining the amazing long-term, dedicated staff that could easily double their salaries at other agencies with less job duties. Director Ariwoola closed his presentation with presenting the funding options to close the 2018 budget shortfall. Options included Admissions Tax, delay of hiring police officers, extend the useful life of patrol cars, and adjust Performing Arts & Event Center staffing levels with the use of fund balance. These options are all one time not ongoing. He reviewed the major projects which have been completed in the last few years and the funding sources of these projects. He reviewed the questions and answers he has received and given to Council throughout this process. Councilmembers thanked Mr. Ariwoola and the department directors for the thoroughness of the Federal Way City Council Regular Minutes Page 6 of 10 March 6, 2018 presentations and asked clarifying questions regarding the information presented. At 10:06 p.m. Mayor Ferrell announced the council would take a brief recess. At 10:14 p.m. Mayor Ferrell reconvened the meeting. Councilmembers asked additional questions and clarification regarding police department overtime, permit processing timelines, Sound Transit projects and timelines, economic development, and IRG. Council also asked the possibility of increased automation of services, and performing a salary survey for non -represented staff. Councilmembers concurred they need to find a sustainable revenue source. Deputy City Attorney Mark Orthmann presented the draft ordinance for Council Bill #737. Mr. Orthmann noted state law authorizes every cities to levy taxes on businesses including water and sewer utilities. More than 150 cities in Washington currently impose and excise tax on water and sewer. While the city does not currently tax water and sewer utilities, it has enacted 7.75% excise tax on other utilities and activities including natural gas, electricity, solid waste and communications. If enacted, the excise tax will result in a net collection of approximately $980,000 a year. In response to questions, Mr. Orthmann said there is no state mandate for amount and the rate would not increase without legislative action. The average cost per household is estimated at $6-$7 every two months. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MARCH 20, 2018 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER ASSEFA-DAWSON SECOND. Councilmembers continued with a lengthy and in-depth discussion stating they support and understand the needs of staff; and the desire to look at all options including engaging in dialog with Lakehaven Utility District. Deputy Mayor Honda and Councilmember Johnson both noted stated concerns they will be looking at closely before the enactment vote at the next meeting. The main motion passed 5-2 as follows: Deputy Mayor Honda no Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson no Councilmember Duclos yes Councilmember Tran yes b. Council Bill #737/Amending FWRC 3.60.010 relating to the Admissions Tax Cap AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADMISSIONS TAX CAP; AMENDING FWRC 3.60.010. (AMENDING ORDINANCE NO. 17-831) Accounting Supervisor Chase Donnelly and Assistant City Attorney Eric Rhoades presented Council Bill #737 amending the Admissions Tax to remove the current cap. Councilmembers asked which businesses are affected and if state parks and non -profits are exempt. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MARCH 20, 2018 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously as follows: FederalWayCity Council Regular Minutes Page 7 of 10 March 6, 2018 Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Second Reading/Enactment c. Council Bill #733 Amending Various Sections of Title 19 FWRC AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO UPDATING AND CLARIFYING, TITLE 19 FWRC, THE ZONING AND DEVELOPMENT CODE; AMENDING FWRC 19.05.020, 19.05.040, 19.05.130, 19.05.230, 19.110.020, 19.125.030, 19.125.040, 19.125.070, 19.125.180, 19.135.100, 19.135.130, AND 19.200.010; AND ADDING NEW SECTIONS TO CHAPTERS 19.195, 19.215, 19.220, 19.225, 19.230, AND 19.240. (AMENDING ORDINANCE NOS. 90-43, 93-170; 96-270; 97-291; 98-309; 98-330; 02-424; 06-533; 07-045; 07-545 07-554; 07-559; 7- 573; 08-585; 09-593; 09-605; 09-610; 09-630; 10-678; 14-778; 15-797; AND 17- 834) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes d. Council Bill #734 MClmetro Access Transmission Services Corp. dba Verizon Access Transmission Services Franchise AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING MCIMETRO ACCESS TRANSMISSION SERVICES CORP. DBA VERIZON ACCESS TRANSMISSION SERVICES, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, OPERATING, REPLACING, AND REPAIRING A TELECOMMUNICATIONS NETWORK WITHIN AND THROUGH THE CITY OF FEDERAL WAY. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes e. Council Bill #735 Clear Wireless, LLC Franchise AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CLEAR WIRELESS LLC, A NEVADA LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED Federal Way City Council Regular Minutes Page 8 of 10 March 6, 2018 FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE, AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES, AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson briefly reported that she is aware of a tenant issue that concerned her and she would like to see a solution to this issue for the families dealing with difficult landlord issues. Councilmember Johnson stated he will be working hard in the next weeks and looks forward to sitting down with Lakehaven representatives. He acknowledged the passing of Andre Bollard, who worked tirelessly with the youth in our community, was only 29 years old. His services are this weekend. Councilmember Tran had no report this evening. Councilmember Koppang acknowledged there is a lot of work to do in the next few weeks, and looking forward to suggestions from Councilmember Johnson and Deputy Mayor Honda on new revenue. He also thanked Federal Way businesses Stacks, Jimmy Macs and Chic Fil-A, who all supported fundraisers in the community and are working at creating partnerships. He thanked the Aquatics Center for hosting the PAC12 event where our city was able to shine. He continues to look into the distressed rental property concerns. Councilmember Moore acknowledged State Representative Mike Pellicciotti in the back of the room at this late hour; he thanked him for his work in this legislative session. He also noted his sister in law was able meet the Governor when she recently served as a Paige in the state senate. Councilmember Duclos thanked the State Reps in Olympia on their vote on the public records act; she thanked them for doing the right thing. She thanked the representatives who came to the FEDRAC meetings and discussing the airport issues. She is hopeful this issue will be addressed; the community has the right to quality of life. Deputy Mayor Honda was pleased at the turnout and discussion at the most recent FEDRAC meeting; people from all over the region came to give insight on what other cities are currently doing regarding the airport noise. She has been traveling recently to and from Washington D.C. and looks forward to working on the budget issue in the coming weeks. 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 11:29 p.m. Federal Way City Council Regular Minutes Page 9 of 10 March 6, 2018 Attest: Owe Sierphanie Courtney City Clerk Approved by Council: L 3 go"xie Federal Way City Council Regular Minutes March 6, 2018 Page 10 of 10