Loading...
HomeMy WebLinkAboutMinutes 08/21/20121 CALL TO ORDER - SPECIAL MEETING: ROLL CALL: EXECUTIVE /CLOSED 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 August 21, 2012 Mayor Kidd called the special meeting of the Port Angeles City Council to order at 5:15 p.m. Members Present: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, Mania, and Nelson. Members Absent: None. Staff Present: Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler, N. West, and B. Coons. 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 in Closed Session under the authority of RCW 42.30.140(4)(b) to plan or adopt the strategy or position to be taken by the governing body during the course of any collective bargaining, for approximately 30 minutes. The Executive /Closed Session convened at 5:16 p.m. The Executive Session concluded at 5:46 p.m. No action was taken. Mayor Kidd adjourned the special meeting at 5:46 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, Mania, and Nelson. Members Absent: None. Staff Present: Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler, K. Dubuc, T. Gallagher, B. Olson, N. West, T. Pierce, C. Delikat, D Bellamente, R. Bonine, P. Lusk, and K. Neal. Deputy Mayor Collins led the Pledge of Allegiance to the Flag. 1. Water Treatment Plant Operator 4 Certification / Ernie Klimek, Water Superintendent — Public Works & Utilities Department This item was pulled from the agenda. 1 7188 7189 CITY COUNCIL MEETING August 21, 2012 CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: (Cont'd) PUBLIC COMMENT: ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: PUBLIC HEARINGS - OTHER: Resolution No. 17 -12 2. Robin Anderson / Port Angeles Fine Arts Center Director Mayor Kidd introduced Robin Anderson the new Director of the Port Angeles Fine Arts Center, and welcomed her to the City and the community. Port Angeles Fine Arts Center Board member Linda Crow and Vicci Rudin also welcomed Director Anderson. Mayor Kidd also thanked Executive Communications Coordinator Pierce for all of her hard work and her recent help during the weekend. The Mayor presented her with a flower basket. Bev Hawes, 1006 W. 10th St., spoke regarding the upcoming Senior Games and invited everyone to come to the kick -off event. Robert Sommers, 104 Hancock Ave., spoke in opposition to creating a Council code of conduct and asked Council to focus on family wage jobs instead. Shirley Nixon, PO Box 178, spoke in opposition to the building code ordinance amendment. Bob Sextro, 573 Kitchen Dick Rd., Sequim, informed Council the Olympic Region Clean Air Agency had not made any decisions regarding the Council's request for a new air monitoring station. Diana Somerville, 2399 E. 3`d Ave., asked Council to get creative regarding new ways to deal with conflict and to continue making all processes more open to the public. Janet Marx, 112 Lockerby Pl., spoke in opposition to any reprimand against Councilmember Mania. Judy Larson, 1070 Pala Verde Loop, Sequim, seconded comments made before her and stated she was in favor of more public participation in government. Manager McKeen requested an acceptance of an RCO grant for Shane Park be added to Other Considerations; a discussion regarding a coalition on the Phase II NPDES permit be added to Other Considerations; and stated, at the request of Councilmember Mania, the executive session item regarding complaints be added to Other Considerations. Council agreed with the changes to the agenda. 1. Electric Utility 2012 Resource Plan Public Works and Utilities Director Cutler discussed the requirements regarding public hearings for the Electric Utility 2012 Resource Plan. He discussed the PowerPoint presentation given by Power Resources Manager Lusk at the last City Council meeting and the comments they have received as a result. He stated the summary of comments was included in the packet. 2 • • PUBLIC HEARINGS - OTHER: (Cont'd) Resolution No. 17 -12 OTHER CONSIDERATIONS: CONSENT AGENDA: Resolution No. 18 -12 CITY COUNCIL MEETING August 21, 2012 Mayor Kidd conducted a reading of the Resolution by title, entitled, RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, approving the 2012 Electric Utility Resource Plan. Mayor Kidd continued the public hearing at 6:30 p.m. Shirley Nixon, PO Box 178, stated her appreciation for the summary of comments from the last meeting. She stated 2019 is the same year for the contract expiration with Bonneville Power Administration as well as the Industrial Water contract with Nippon Industries. She encouraged the City to start thinking about how they will address the utility rates for water. She also asked what mechanism the City will use to charge Nippon if they use the power they create to power their mill. Mayor Kidd closed the public hearing at 6:35 p.m. Council discussion followed. It was moved by Bruch and seconded by Downie to: Pass the Resolution as read by title. Motion carried 7 -0. 3. Shane Park RCO Grant Acceptance Acting Deputy Director of Operations Delikat explained the City found out recently that even though it came in fourth during the original grant process, the City will still receive some unspent grant funds totaling $39,000. These funds would be spent on construction of the playground at Shane Park. He described all of the funds raised and donated by the community. Council discussion followed. It was moved by Mania and seconded by Bruch to: Approve and authorize the City Manager to sign the Land and Water Conservation Fund (LWCF) Project Agreement with the State of Washington Recreation and Conservation Office for a grant in an amount of $39,627 for the Shane Park Playground Redevelopment Project. Council discussion followed. Motion carried 7 -0. Mayor Kidd removed item #7 from the consent agenda because staff was waiting for some responses from the National Park Service. 3 7190 7191 CITY COUNCIL MEETING August 21, 2012 CONSENT AGENDA: (Cont'd) Resolution No. 18 -12 ORDINANCES NOT REQUIRING PUBLIC H EARINGS: OTHER CONSIDERATIONS: (Cont'd) It was moved by Di Guilio and seconded by Downie to approve the Consent Agenda to include: 1. City Council Meeting Minutes for: July 31 and August 7, 2012 2. Expenditure Approval List: 7/28/12 to 08/10/12 for $2,103,414.93 3. Olympic Discovery Trail Restoration Projects 4. Approval of Electric Utility Easements 5. Resolution to Set Public Hearing / Street Vacation STV 12 -02, Portion of Lauridsen Blvd. / Motor Avenue Alley 6. Clallam County Fire District #3 / Purchase Mobile Data Terminal 7. e Water Meter Shed REMOVED 8. Active Directory Domain Services Planning, Design, and Deployment / Professional Services Agreement Motion carried 7 -0. 1. Amendment to Section 14.03 PAMC / Exemptions to Building Permits Community and Economic Development Director West stated this was the first reading of a proposed ordinance to incorporate additional exceptions not previously included during the last amendment to the International Building Code in 2009. He stated the amendments addressed permit requirements for work conducted in the right -of -way and was intended to create efficiencies with the City's processes. 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 14.03 of the Port Angeles Municipal Code relating to the Building Code. Council discussion followed. 1. Bonneville Power Administration Cooperative Agreement No. 48475 Modification No. 3 Director Cutler discussed the modification to the agreement and stated the City cannot execute all requirements of the grant at this time. He also mentioned the Utility Advisory forwarded favored the modification recommended. Council discussion followed. It was moved by Bruch and seconded by Di Guilio to: Approve and authorize the City Manager to sign Modification No. 3 of Cooperative Agreement No. 48475, and to make minor modifications to the Agreement, if necessary. Motion carried 7 -0. 4 • CITY COUNCIL MEETING August 21, 2012 • OTHER 2. Department of Ecology FY 2011 Stormwater and Low Impact CONSIDERATIONS: Development Grant Acceptance (Cont'd) • Director Cutler introduced Engineering Manager Neal who conducted a PowerPoint presentation regarding the Stormwater and Low Impact Development Grant for the 4th Street Stormwater project. She stated the grant totaled one million dollars and the City already identified the matching funds. She shared feedback from citizens regarding the proposed project. Council discussion followed. It was moved by Collins and seconded by Mania to: Approve and authorize the City Manager to sign the grant agreement with the Department of Ecology under the FY2011 Stormwater Grant Program in the amount of up to $1,000,000, and to make minor modifications to the grant agreement, if necessary. Council discussion followed. Break: Mayor Kidd recessed the meeting for a break at 7:19 p.m. The meeting reconvened at 7:30 p.m. OTHER 4. NPDES Coalition CONSIDERATIONS: (Cont'd) Mayor Kidd postponed the agenda item until a future date to be determined. 5. Complaint Mayor Kidd stated a complaint had been brought forward against Councilmember Mania and the original plan was to address the issue during an executive session. However, Councilmember Mania requested discussion during open session. She discussed the core values of the Council, talked about the importance of respect, and stated the goal was to get back on track and enhance the Council's working relationship. She also stated no action was anticipated. She opened the meeting for discussion. Councilmember Nelson stated she provided a packet of Councilmember Mania's recent emails. Mayor Kidd stated Council would be discussing a possible City Council Code of Ethics at the upcoming August 28, 2012, Work Session. Councilmember Nelson read the letter she had written and attached to the top of the packet which expressed her concerns regarding Councilmember Mania's recent emails and conduct as a councilmember. Councilmember Mania objected to Councilmember Nelson misreading her letter by stating Councilmember Mania conducted City business with his personal email instead of stating Councilmember Mania included City business in his personal email. Councilmember Mania apologized for his use of profanity and asked the Mayor if he could address Councilmember Nelson. 5 7192 7193 CITY COUNCIL MEETING August 21, 2012 OTHER CONSIDERATIONS: (Cont'd) INFORMATION: CITY COUNCIL REPORTS: Mayor Kidd stated the discussion tonight was not a debate and stated Councilmember Mania could make a statement. Councilmember Mania expressed his frustration with not being allowed to ask questions of Councilmember Nelson. Council discussion followed. Mayor Kidd stated Councilmember Mania could make a statement at the next meeting. Councilmember Mania read aloud a Peninsula Daily News letter to the editor from 2006, regarding leadership. Manager McKeen reminded Council of the upcoming Work Session on August 28, 2012, to discuss the budget and a Council Code of Ethical Conduct. Councilmember Nelson discussed her attendance at the Fine Arts Center reception for the new Director Robin Anderson. Councilmember Downie encouraged people to go use the newly remodeled William Shore Memorial pool and stated the Pool's 50th birthday celebration was planned for September 30, 2012. Deputy Mayor Collins discussed his attendance at a recent Economic Development Council meeting regarding Wild Olympics and the Dungeness Water Rights issues. Councilmember Di Guilio spoke regarding a phone call he received from a citizen regarding Wild Olympics and their request to come give a presentation before Council. Deputy Mayor Collins and Councilmember Nelson both requested to be excused from September 4, 2012, City Council meeting. No other reports were given. EXECUTIVE SESSION: None. ADJOURNMENT: Mayor Kidd adjourned the meeting at 8:16 p.m. WSJ Cherie Kidd, Mayor 6 10) essa Hurd, City Clerk • • EXECUTIVE SESSION Date: August 21, 2012 Expected length of session: 30 minutes Is action expected following the session: No est ;xecutiue es sionprenim4 patti cipants't • 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. 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 7194 7195 EXECUTIVE SESSION August 21, 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. X 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: 5:16 P.M. Was session extended by announcement: NO If so, when: Time session ended: 5:46 P.M. In attendance: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, Mania, and Nelson. Attorney Bloor and Manager McKeen, Directors Cutler, West, and B. Coons ,a-42 Mayor 111%,„,./ City, erk 2 • •