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HomeMy WebLinkAboutMinutes 07/03/2012• CALL TO ORDER - SPECIAL MEETING: ROLL CALL: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE • RECOGNITIONS: CITY COUNCIL MEETING Port Angeles, Washington July 3, 2012 Mayor Kidd called the special meeting of the Port Angeles City Council to order at 5:02 p.m. Members Present: Mayor Kidd, Deputy Mayor Collins, Councilmembers Di Guilio, Downie, and Mania. Members Absent. Councilmember Nelson and Bruch. Staff Present: Interim Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler, B. Olson, and N. West. Based upon input from Attorney Bloor, Mayor Kidd announced the need for an Executive Session under the authority of RCW 42.30.110(1)(i), for the purpose of discussing potential litigation with legal counsel, and under authority of RCW 42.30.110(1)(g), for the purpose of evaluating the qualifications of an applicant for public employment for approximately 45 minutes. The Executive Session convened at 5:05 p.m. The Executive Session concluded at 5:53 p.m. No action was taken. Mayor Kidd adjourned the special meeting at 5:53 p.m. Mayor Kidd called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, and Mania. Members Absent: Councilmember Nelson. Staff Present: Interim Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler, K. Dubuc, T. Gallagher, B. Olson, N. West, and T. Pierce, L. Dunbar, P. Lusk, R. Hostetler, and D Bellamente. It was moved by Mania and seconded by Di Guilio to: Excuse Councilmember Nelson from the July 3, 2012, City Council meeting. Motion carried 6 -0. Mayor Kidd led the Pledge of Allegiance to the Flag. 1. Dance Day The agenda item was cancelled. 1 7159 7160 CITY COUNCIL MEETING July 3, 2012 PUBLIC COMMENT: The following members of the public spoke in favor of the Resolution to request ORCAA to install a second air monitoring station in Port Angeles: PUBLIC HEARINGS - OTHER: Michael Bunnell, 121 Horizon View Drive, Sequim, Harold Vadset, 503 Roberson Road, Sequim, Robert Sextro, 573 Kitchen Dick Road, Sequim, Francis de la Cruz, Sequim, Nelson Cone, 52 Hanusa Lane, Janet Marx, 112 Lockerbie Place, Mary Bedinger, 297 Blue Mountain Road, Rose Marshall, 162 S. Barr Road, Norma Turner, 3928 Mt. Angeles Road, Pat Millien, 1703 West 8th Street, Tracy Ann Schilling, 512 N. Beech Street, and Peter Craig, 829 Caroline Street. Larry Campbell spoke regarding his problems with police intimidation and access to the local unemployment office. Kevin Tracey spoke regarding continued issues with the Port Angeles Downtown Association and asked Council to reevaluate the organization. 1. Utility Discount Ordinance / Amendments Public Works and Utilities Director Cutler introduced Deputy Director of Power Systems Dunbar who provided a brief PowerPoint presentation regarding the current program and proposed amendments. Council discussion followed. Mayor Kidd opened the public hearing at 6:49 p.m. Norma Turner, as a MANNA volunteer, spoke in favor of making the discount available to the working poor and not using age or disability as an eligibility factor. She also inquired if future donations from MANNA could be applied to only the electric portion of a customer's utility bill instead of the whole bill. Carol Anderson, OlyCap Program Manager, spoke in favor of the ordinance amendments Ed Chadd, 307 W. 6th St., spoke in support Norma Turner's suggestions to change the ordinance amendments to low- income eligibility focused, and asked Council to re- promote the Pass the Buck program. Mayor Kidd continued the public hearing at 6:59 p.m. to July 17, 2012. Council discussion followed. Mayor Kidd conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Port Angeles Municipal Code Chapter 13.20 relating to senior utility discounts. 2 • • • • Break: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: Resolution No. 14 -12 CITY COUNCIL MEETING July 3, 2012 Mayor Kidd recessed the meeting for a break at 7:17 p.m. The meeting reconvened at 7:30 p.m. None. Deputy Mayor Collins asked questions of Police Chief Gallagher regarding the Expenditure Approval List. Councilmember Bruch asked questions of Attorney Bloor regarding the Friendship Diversion Agreement Amendment. Council discussion followed. It was moved by Mania and seconded by Di Guilio to approve the Consent Agenda to include: 1. Expenditure Approval List: 6/9/12 to 6/22/12 for $2,442,066.59 2. Large Diameter Fire Hose / Purchase 3. Friendship Diversion Agreement / Amendment 4. U.S. Coast Guard Easement / Amendment 5. Washington State Military Department & FEMA 1 Agreement Motion carried 6 -0. 1. Public Records Amendment — City Records Manager Interim Manager McKeen discussed the recent emphasis on public records training and records management. He stated records management challenges are mounting and the City needs a public records management program. Clerk Hurd stated the first step to a robust records management program is to designate a City Records Manager. She noted the Clerk's office has been performing these duties informally but it is time to establish a position within the Port Angeles Municipal Code as part of the plan to adopt policies and procedures in the near future. Council discussion followed. Mayor Kidd conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 2.74 of the Port Angeles Municipal Code relating to public records. 1. Request to Olympic Region Clean Air Agency (ORCAA) for Air Monitoring Station Interim Manager McKeen stated Councilmember Mania requested the agenda item at a previous Council meeting. He stated there is one air monitor already located on the roof of Stevens Middle School and the proposed Resolution is to request an additional air monitoring station from ORCAA. Council discussion followed. It was moved by Mania and seconded by Bruch to: Pass a Resolution requesting the Olympic Region Clean Air Agency (ORCAA) to locate and operate a second air quality monitoring station in Port Angeles. 3 7161 7162 CITY COUNCIL MEETING July 3, 2012 RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Resolution No. 14 -12 FINANCE: Councilmember Di Guilio stated for the record he would abstain from the vote as he is an ORCAA board member. He also said he would deliver the message from the public regarding ORCAA sponsoring a community forum regarding the process to issue permits back to the next board meeting. Council discussion followed. It was moved by Kidd to amend the motion to: Remove the term "substantial" from the third paragraph of the Resolution and add the term "some" to the between the words "among" and "residents ". Council discussion continued. The amendment to the motion died for lack of a second. It was moved by Mania and seconded by Bruch to amend the motion to: Change the name "Nippon Mill" to "Nippon Paper Industries Mill ". Council discussion followed. It was moved by Collins and seconded by Downie to pass a second amendment to the motion to: Add the language "and/or relocate the existing air monitoring station more eastward of the new biomass co- generation facility ". Council discussion followed. Collins called for the question and it was seconded by Mania. The call for the question carried 4 -1, with Kidd voting in opposition. The second amendment to the motion carried 3 -2, with Mania and Bruch voting in opposition. The principal motion and first amendment carried 3 -2, with Mania and Bruch voting in opposition. RESOLUTION NO. 14 -12 A RESOLUTION requesting the Olympic Region Clean Air Agency (ORCAA) to locate and operate an air quality monitoring station in Port Angeles eastward of the new biomass co- generation facility. 1. Fine Arts Center — Funding Request Interim Manager McKeen provided a brief history of the Fine Arts Center relationship with the City and related funding issues. He stated staff was directed to provide options to Council regarding the Center's recent request for $52,000, but an anonymous donor came forward recently with a $50,000 donation with the goal of funding the new director position for the remainder of the year. He described staff's new recommendation. Council discussion followed. 4 • • • FINANCE: (Cont'd) CITY COUNCIL MEETING July 3, 2012 It was moved by Collins and seconded by Downie to: 1. Concur in the recommendation of the City Manager to move forward in the appointment of a new director for the Fine Arts Center; 2. Concur with the plan to include the Fine Arts director in the planning and development of the 2013 Budget for the Fine Arts Center that will include the development of a long -range strategic and financial plan; and 3. Renew Council commitment to the Ad Hoc Committee on the Fine Arts Center to allow for a review and assessment regarding potential changes to the agreement between the City and the Friends of the Arts Center. Council discussion followed. Motion carried 6 -0. CITY COUNCIL Councilmember Mania expressed his deep appreciation for the anonymous Fine REPORTS: Arts Center donor. Councilmember Downie spoke regarding his attendance at the Canada Day celebration in Victoria, a presentation regarding the Olympic composites corridor, a cruise ship committee meeting, and urged Council to discuss his final two items at an upcoming Council meeting. Mayor Kidd spoke regarding her attendance at the Canada Day celebration in Victoria, the Port Angeles Sesquicentennial celebration, and the upcoming 4th of July parade. Deputy Mayor Collins spoke regarding his attendance at a recent Feiro Marine Life Center, and William Shore Memorial Pool District Board meetings. Councilmember Bruch spoke regarding her attendance at a recent healthy cities conference and asked to discuss the conference at an upcoming work session. No other reports were given. INFORMATION: Interim Manager McKeen spoke regarding the reports included in the packet. Director Cutler provided a brief update regarding the void under the street in the Lincoln/First Street intersection. Director West provided Council a brief update on the Waterfront and Transportation Improvement Plan, stating staff had advertised the Phase I Project and bid opening should be at the end of this month. EXECUTIVE SESSION: None. ADJOURNMENT: Mayor Kidd adjourned the meeting at 8:31 p.m. Cherie Kidd, Mayor • 5 a Hurd, City Clerk 7163 • • EXECUTIVE SESSION Date: July 3, 2012 Expected length of session: 45 minutes Is action expected following the session: No. M ecutiye Session, rea€nind''pa t c pants tl • Only announced topics may be discussed • No final action can be taken in Executive Session • Discussions are confidential Reason for Executive Session: To consider matters affecting national security. To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. To review negotiations on the performance of public bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company. To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge. X To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. 1 7164 7165 EXECUTIVE SESSION July 3, 2012 To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public. X To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Closed session under RCW 42.30.140: To discuss proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or Meeting of a quasi-judicial body relating to a quasi-judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group. Matters governed by chapter 34.05 RCW, the Administrative Procedure Act. Collective bargaining session with employee organization, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement or a portion of a meeting which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the proposals made in the negotiations or proceedings while in progress. Time session began: 5:05 p.m. Was session extended by announcement: No If so, when: Time session ended: 5:53 p.m. In attendance: Mayor Kidd, Deputy Mayor Collins., Councilmembers Di Guilio, Downie, and Mania, Interim Manager McKeen, Attorney Bloor, G. Cutler, N. West, and B. Olson. Interim Manager McKeen, G. Cutler, N. West, and B. Olson departed the session at 5:35 p.m. 2