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HomeMy WebLinkAboutMinutes 11/20/2012• 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: PUBLIC COMMENT: • CITY COUNCIL MEETING Port Angeles, Washington November 20, 2012 Mayor Kidd called the special meeting of the Port Angeles City Council to order at 5:03 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, Deputy Clerk Pierce, G. Cutler, K. Dubuc, T. Gallagher, B. Olson, N. West, B. Coons, A. Gates, and C. Delikat. Based upon input from Attorney Bloor, Mayor Kidd announced the need for an Executive Session, under the authority of RCW 42.30.1 100)0) for the purpose of discussing potential litigation with legal counsel; and a Closed Session, under the authority of RCW 42.30.140(4)(b) for the purpose of planning, or adopting the strategy, or position, to be taken by the City during the Course of collective bargaining, for approximately 40 minutes. The Executive /Closed Session convened at 5:03 p.m. The Executive /Closed Session concluded at 5:55 p.m. No action was taken. Mayor Kidd adjourned the Special Meeting at 5:55 p.m. Mayor Kidd called the regular meeting of the Port Angeles City Council to order at 6:03 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, Deputy Clerk Pierce, G. Cutler, K. Dubuc, T. Gallagher, K. Dubuc, N. West, B. Olson, D Bellemente, P. Lusk, and K. Neal. Councilmember Bruch led the Pledge of Allegiance to the Flag Peter Ripley, 114 E. 6ih St., requested sidewalks on East 6th Street area be cleared when it snows and spoke in opposition to Wild Olympics. Nelson Cone, 52 Hanusa Lane, read a resolution from the Green Party requesting the City Council support the Wild Olympics Wilderness and the Wild and Scenic Rivers Act. 1 CITY COUNCIL MEETING November 20, 2012 PUBLIC COMMENT: (Cont'd) OTHER CONSIDERATIONS: PUBLIC HEARINGS- OTHER: Resolution No. 23-12 Ordinance No. 3467 Glenn Wiggins, 702 Caroline St., spoke in opposition to the Wild Olympics bill. Barbara Pozranovic, from Port Angeles -Joyce area, spoke in opposition to raising Medic I Rates. Ed Chadd, 307 W. 6`h St., spoke in support of Wild Olympics. Bob Lynette, 220 Strawberry Field, Sequim, spoke in favor of Wild Olympics. Norman Baker, 3789 Lost Mountain Road, Sequim, with the Sierra Club, spoke in favor of Wild Olympics. Wild Olympics Wilderness and Wild & Scenic Rivers Act of 2012,5.3329/ Discuss Whether to Take a Position. Deputy Mayor Collins urged council not to take action on this item and Councilmember Mania agreed suggesting Council select a future date to reconsider the issue. Council discussion followed. It was moved by Collins and seconded by Di Guilio to: Postpone consideration on whether to take a position as a Council until the Council has more information. Council discussion followed. Motion failed 2 -5, with Nelson, Mania, Downie, Kidd, and Di Cuilio voting in opposition. I. 2013 Property Tax Levy / Ordinance and Resolution Chief Financial Officer Olson briefly reviewed the process for the tax levy and resolution and clarified the levy amount. Mayor Kidd opened the public hearing. There being no public comment, she closed the public hearing and read the Resolution by title, entitled, RESOLUTION NO. 23 -12 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing an increase in the regular property tax levy of l %, or $41,097.16, over the actual levy for 2012. It was moved by Mania and seconded by Bruch to: Pass the Resolution as read by title. Motion carried 7 -0. Mayor Kidd conducted a second reading of the ordinance by title, entitled, ORDINANCE NO. 3467 AN ORDINANCE of the City of Port Angeles, Washington, levying ad valorem property taxes for the fiscal year 2013, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. It was moved by Di Guilio and seconded by Downie to: Adopt the ordinance as read by title. Motion carried 7 -0. 2 • CITY COUNCIL MEETING November 20, 2012 PUBLIC HEARINGS- 2. 2013 Budget OTHER: (Cont'd) City Manager McKeen and Chief Financial Officer Olson conducted a PowerPoint presentation regarding the 2013 Budget expenditures. Break: FINANCE: • Mayor Kidd opened the public hearing. Peter Ripley, 114 E. 6'h St., inquired about the I% property tax levy and if there would be a possible surplus. He hoped Council would consider continuing support for United Way. Jodi Moss, 73 Bridge Lane, Executive Director for United Way, encouraged Council to reconsider funding United Way in 2013, and noted the types of services United Way provides to the community for social and health services. Mayor Kidd continued the public hearing to December 4, 2012. Council discussion followed. Council agreed by consensus to hold a Special City Council Meeting Worksession on November 27, 2012, at 5:00 p.m. Mayor Kidd conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, adopting the 2013 budget for the fiscal year ending December 31, 2013. Councilmember Bruch exited the meeting at 7:54 p.m. 3. Proposed Medic I Utility Rate Adjustments Fire Chief Dubuc conducted a PowerPoint presentation outlining the need to increase Medic I Rates. Council discussion followed. Mayor Kidd opened the public hearing. Barbara Pozranovic, Port Angeles -Joyce area, asked if the company used for billing Medic I charges to patients also does the collection and what their success rate is. Mayor Kidd continued the public hearing to December 4, 2012, and conducted a tirst reading of the ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.73 of the Port Angeles Municipal Code relating to Medic I charges. Mayor Kidd adjourned the meeting for a ten minute break. I. Electric Transformers, Contract LO -12 -013 / Material Purchase Item moved to Consent Agenda. CITY COUNCIL MEETING November 20, 2012 OTHER 2. City of Port Angeles Screen House and Water Meter Shed / Agreement CONSIDERATIONS: with National Park Service (Cont'd) Public Works & Utilities Director Cutler reviewed the memo and noted he had not received any comments back from Shirley Nixon regarding his answers to her questions. It was moved by Downie and seconded by Nelson to: Approve and authorize the City Manager to sign an agreement with the National Park Service (NPS) authorizing the NPS to enter the Screen House and Water - Meter Shed for the purposes of operating and maintaining the water quality mitigation facilities serving Nippon Paper Industries USA, and to make minor modifications to the agreement, if necessary. Council discussion followed. Motion carried 5 -1, with Mania voting in opposition. 3. Waterfront Transportation improvement Project / Construction Services — Phase 1 Esplanade TR02 -2003 Studio Cascade — Amendment #3 Community & Economic Development Director West briefed Council on the project's progress. Council discussion followed. It was moved by Downie and seconded by Nelson to: Approve and authorize the City Manager to sign Amendment 3 of the agreement for professional services with Studio Cascade, Inc. in an amount not to exceed $46,905. Council discussion followed. Councilmember Mania stated the project is too expensive at this time and he intended to vote in opposition. Motion carried 5 -1, with Mania voting in opposition. 4. 4'" Street Stormwater Improvements — Project DR03 -2009 / PACE Engineers — Professional Services Agreement — Amendment No. 3 Engineering Manager Neal conducted a PowerPoint presentation on the project's progress and results of community outreach efforts. It was moved by Di Guilio and seconded by Mania to: Approve and authorize the City Manager to sign Amendment 3 to the agreement for professional services with PACE Engineers, in an additional amount of $148,412.19, which increases the maximum compensation under the agreement to $481,500.19, and to make minor modifications to the agreement, if necessary. Motion carried 6 -0. 5. Morse Creek Hydroelectric Project Evaluation Power Resources Manager Lusk reviewed the recent discussion made during the Utility Advisory Committee meeting regarding the Morse Creek Hydroelectric Project. Council discussion followed. It was moved by Di Guilio and seconded by Downie to: Direct staff to proceed with Option 2 to return to Council with additional information regarding selling, permanently retiring, or placing project in standby mode. Motion carried 6 -0. 4 CITY COUNCIL MEETING November 20, 2012 • OTHER 6. Gateway / Krei Construction Claim: Ryan Swanson & Cleveland CONSIDERATIONS: Professional Services Agreement (Cont'd) CONSENT AGENDA: Resolution No. 24 -12 CITY COUNCIL REPORTS: INFORMATION: ADJOURNMENT: • Attorney Bloor reviewed the agreement with Clallam Transit and the process over the last year regarding the claim. Council discussion followed. It was moved by Downie and seconded by Di Guilio to: Authorize the City Manager to enter into a new written agreement with Roger Myklebust to represent the City in prosecuting its claim against Krei arising from the Gateway project. Motion carried 6 -0. It was moved by Nelson and seconded by Di Guilio to approve the Consent Agenda to include: Expenditure Approval List from 10/27/12 to 11/09/12 for $2,027,608.52 1. E Street Reservoir Cover Rehabilitation, Amendment No. 1 2. FEMA Port Security Grant Purchases / Resolution — Compressed Air Foam System. Resolution No. 24 -12. 3. Wood Power Poles, Contract LO -12 -036 / Material Purchase 4. Gas Monitoring Services — iNet Agreement 5. Amendment — Feiro Marine Life Center / NOAA Olympic Coast National Marine Sanctuary Pre - Design 6. Electric Transformers, Contract LO -12 -013 / Material Purchase Council discussion followed. Motion carried 6 -0. Councilmember Nelson represented the City for the Remembrance Day Ceremony on November 11, 2012, in Victoria, and visited with Victoria's Acting Deputy Mayor. Councilmember Downie attended the Lauridsen Boulevard Bridge Open House and appreciated staff addressing concerns brought up at meeting. He also attended the Washington State Transit Association meeting and the Keegan Hall dedication at Peninsula College. Mayor Kidd announced the time capsule installation for Sesquicentennial celebration on December 15, 2012, and her plans to attend the Victoria Council meeting on November 22, 2012, to present proclamation for their Sesquicentennial. Deputy Mayor Collins attended the Veterans Day Ceremony at the USCG Air Station, the Keegan Hall dedication at Peninsula College, the grand opening of the new Eagles Lodge, and a forum on homelessness with Councilmember Downie. Councilmember Nelson noted today's ceremony with the Lower Elwha Klallam Tribe's blessing of the new Kacee Way Road. Councilmember Downie noted how impressed he was with the ceremony's grace and dignity. Manager McKeen noted the informational items in the packet and reminded the Council of the Work Session on November 27, 2012, at 5:00 p.m. Mayor Kidd adjourned the meeting at 9:26 p.m. I�r !v (LL--- Cherie Kidd, Mayor Teresa Pierce, Deputy City Clerk • EXECUTIVE SESSION Date: November 20, 2012 Expected length of session: 40 minutes Is action expected following the session: No At the start of Executive Session, remind participants that: • 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 EXECUTIVE SESSION November 20, 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: 5:03 P.M. Was session extended by announcement: NO If so, when: Time session ended: 5:55 P.M. In attendance: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, Mania and Nelson. Manager McKeen, Attorney Bloor, G. Cutler, K. Dubuc, T. Gallagher, B. Olson, N. West, A. Gates, and C. Delikat. `e' 4IL/'E:(Le' City Clerk 2 jACKir