HomeMy WebLinkAboutMinutes 09/06/2011•
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
September 6, 2011.
Mayor Di Guilio called the special meeting of the Port Angeles City Council to
order at 5:00 p.m.
Members Present: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers
Downie, Kidd, Mania, and Nelson.
Members Absent: Councilmember Collins.
Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, and G.
Cutler, and N. West.
Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for an
Executive Session for approximately 45 minutes under the authority of RCW
42.30.110(1)(i), for the purpose of discussing potential litigation with legal counsel.
The Executive Session convened at 5:03 p.m.
The Executive Session concluded at 5:47 p.m. No action was taken.
Mayor Di Guilio adjourned the special meeting at 5:47 pin.
Mayor Di Guilio called the regular meeting of the Port Angeles City Council to
order at 6:00 p.m.
Members Present:
Mayor Di Guilio, Deputy Mayor Perry, Councilmembers
Collins [arrived at 6:27 p.m.], Downie, Kidd, Mania, and
Nelson. Councilmember Collins just returned from an out -
of -town family memorial service.
Members Absent: None.
Staff ,Present:
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, T.
Pierce, J. Matthews, D Bellamente, L. Dunbar, and B.
Coons.
Mayor Di Guilio led the Pledge of Allegiance to the Flag.
1. Police Volunteer Recognitions
Mayor Di Guilio and Police Chief Gallagher presented James and Marilyn Walsh
with proclamations in recognition of them both receiving the President's Call to
Service Award for their 4000 plus hours of lifetime service. Both James and
Marilyn Walsh have each volunteered over 4000 hours for the Port Angeles Police
Department.
6969
6970
CITY COUNCIL MEETING
September 6, 2011
CEREMONIAL
MATTERS/
PROCLAMATIONS/
& EMPLOYEE
RECOGNITIONS:
(Cant' d)
PUBLIC COMMENT:
CITY COUNCIL
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Ordinance No. 3434
2. City -Wide Clean -Up Day
Mayor Di Guilio presented a proclamation to Manager Myers recognizing
September 10, 2011, as Clean Up Port Angeles Day.
Manager Myers described the ongoing work by City crews and community
volunteer groups and encouraged all citizens to get involved.
Edna Willadsen, 1719 E. Lambert Ln., spoke in opposition to the AMI smart
meters.
Don Zeller, 129 W. First St., spoke regarding ongoing issues between the members
and the board of the Port Angeles Downtown Association.
Norma Turner, 3928 Mt. Angeles Rd., spoke regarding utility rates and urged
Council to provide utility assistance to the working poor not just seniors or disabled
individuals.
Shirley Nixon, PO Box 178, spoke in opposition to the Port Angeles Municipal
Code codification outsourcing contract and the proposed ordinance amendment
regarding the addition of a new member to the Utility Advisory Committee.
Councilmember Mania spoke regarding his trip to San Francisco.
Councilmember Downie spoke regarding his attendance with Director West at the
Northwest Regional Conference of International Council of Shopping Centers.
Deputy Mayor Perry spoke regarding his attendance with Councilmember Kidd at
the most recent Saturday Farmers' Market.
No other reports were given.
1. 2001 Electric Revenue Bond Refinancing
Finance Director Ziomkowski provided a brief description of the proposed bond
refinancing with First Federal, stating that the City would save $120,000 with no
changes in maturity dates. Council discussion followed. Mayor Di Guilio
conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3434
AN ORDINANCE of the City of Port Angeles, Washington, authorizing the
issuance of an electric revenue refunding bond of the City in the principal
amount of $1,662,056.10 to finance the cost of refunding certain
outstanding electric revenue bonds of the City; establishing the date, form,
terms, maturities and covenants of the bond; and approving the sale of the
bond.
It was moved by Perry and seconded by Nelson to:
Adopt the ordinance as read by title.
Motion carried 7 -0.
2
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•
Break:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CONSENT AGENDA:
PUBLIC HEARINGS -
OTHER:
CITY COUNCIL MEETING
September 6, 2011
Mayor Di GuiIio recessed the meeting for a break at 6:42 p.m. The meeting
reconvened at 6:55 p.m.
None.
At the request of Councilmember Collins, Mayor Di Guilio pulled the Expenditure
Approval List, and the Affiliation Agreement with Tacoma Community College at
the request of Councilmember Kidd.
It was moved by Nelson and seconded by Collins to approve the Consent
Agenda to include:
1. City Council minutes for July 12, 2011, and August 16, 2011
4. Award 2011 Street 1 Alley Overlay Contract, Project TR04 -2005
5. Final Acceptance 1 Cable Restoration Phase III, Project CL01 -2010
6. Transfer of Fire Department Surplus Apparatus
Motion carried 7 -0.
Expenditure Approval List: 8/6/11 to 8/26/11 for $2,939, 411.92
Councilmember Collins inquired regarding the large expenditures for Waste
Connections. Public Works and Utilities Director Cutler explained that the
expenditures covered more than one month.
It was moved by Collins and seconded by Nelson to:
Approve the Expenditure Approval List: 8/6/11 to 8/26/11 for $2,939,411.92.
Motion carried 7 -0.
3. Affiliation Agreement with Tacoma Community College Re- Establishing
Port Angeles Fire Department as Paramedic Training Site
Councilmember Kidd asked Fire Chief McKeen to review the history of the
agreement because of the positive nature of the partnership. Chief McKeen
provided a brief history.
It was moved by Kidd and seconded by Mania to:
Authorize the Fire Chief to sign the Affiliation Agreement between the City of Port
Angeles and Tacoma Community College for 2011/2012 academic school year.
Motion carried 7 -0.
1. Industrial Transmission Electric Rate Ordinance Amendments
Director Cutler introduced Power Resources Manager Dunbar and Terry Mundorf
of Marsh Mundorf Pratt Sullivan. Manager Dunbar conducted a PowerPoint
presentation regarding the proposed Industrial Transmission Electric Rate
Ordinance Amendments. Council discussion followed.
3
6971
6972
CITY COUNCIL MEETING
September 6, 2011
PUBLIC HEARINGS -
OTHER:
(Coned)
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Coned)
Mayor Di Guilio opened the public hearing at 7:26 p.m.
Shirley Nixon, PO Box 178, spoke in opposition to the Industrial Transmission
Electric Rate Ordinance Amendments.
Mayor Di Guilio continued the public hearing at 7:33 p.m. to September 20, 2011.
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising portions of
Chapter 13.12 of the Port Angeles Municipal Code relating to purchase and
sale of electricity.
2. Utility Advisory Committee Membership / Ordinance Amendment
Manager Myers stated that this ordinance amendment was drafted in response to
Councilmember Mania's request to add another member to the Utility Advisory
Committee.
Mayor Di Guilio conducted a first reading of the ordinance by title, entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter
2.68 of the Port Angeles Municipal Code relating to the Utility Advisory
Committee.
1. Ordinance Revision / Purchasing Policies & Procedures
Director Cutler stated that a portion of the ordinance had been adopted by Council
and that at that time Council had asked staff to clarify some language in the
remaining sections of the ordinance. He explained that the ordinance revision
before Council tonight is a second reading of those revised sections.
Mayor Di Guilio conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3435
AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter
3.05, of the Port Angeles Municipal Code relating to Purchasing Policies
and Procedures.
It was moved by Perry and seconded by Nelson to:
Adopt the Ordinance as read by title.
Motion carried 7-0.
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•
•
OTHER
CONSIDERATIONS:
FINANCE:
INFORMATION:
CITY COUNCIL MEETING
September 6, 2011
1. Port Angeles Municipal Code Codification
Clerk Hurd described the proposal to outsource the codification and internet hosting
of the Port Angeles Municipal Code. She stated that an outside company could
provide a better product for the public and staff, and that it would be more cost
effective and efficient. Council discussion followed.
It was moved by Perry and seconded by Downie to:
Authorize the City Manager to sign an agreement with Municipal Code Corporation
to provide codification services and internet hosting services for the Port Angeles
Municipal Code.
Motion carried 7 -0.
1. Award Stormwater Outfall Repair of Valley Creek / Project #DR01 -2004
Director Cutler discussed the need to expedite the repair the outfall of Valley Creek
especially before the rainy season. He stated that bids were not included at this
time because they were still in process, but staff did not want to wait to move the
project forward at risk of missing the last few good weeks of weather. Council
discussion followed.
Councilmember Collins requested to be informed throughout the bidding process.
Councilmember Mania stated that he approved of the project, but did not approve of
the process staff is using and that he is uncomfortable approving a contract before
receiving bids.
It was moved by Nelson and seconded by Perry
Authorize the City Manager, at his discretion, to award and sign a contract for the
Stormwater Outfall Repair of Valley Creek, Project No. DR01 -2004, with the low
responsive and responsible bidder in a price not to exceed $ 100,000.
Council discussion followed.
Motion carried 5 -2, with Mania and Kidd voting in opposition.
Manager Myers spoke regarding the reports in the packet and the Facade and
Signage Grant program recent awards. He introduced Joel Norberg, with AVI -SPL,
the vendor responsible for installing the new Council Chamber audio system. Mr.
Norberg provided a brief training on the use of the system for Council and staff.
Manager Myers also spoke regarding the recent budget work session with Council,
the upcoming Elwha Dam removal event, the dedication of the 9/11 monument at
Francis Park, the upcoming presentation on Telecommunications as a Economic
Development Tool by Lee Afflerbach, and recognized Director Ziomkowski, who
will be sworn in later this month as the new President of the Washington Finance
Officers Association.
Director West provided a brief report regarding his attendance with Councilmember
Downie at the Regional Conference of International Council of Shopping Centers.
5
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6974
CITY COUNCIL MEETING
September 6, 2011
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
WORK SESSION:
ADJOURNMENT:
Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for an
Executive Session for approximately 15 minutes under the authority of RCW
42.30.110(1)(i), for the purpose of discussing potential litigation with legal counsel.
The Executive Session convened at 8:25 p.rn.
The Executive Session concluded at 8:38 p.m.
Council reconvened in regular open session and added a new agenda item: Pettit Oil
Litigation Settlement Agreement.
It was moved by Perry and seconded by Downie to:
Authorize the City Manager to sign a joint City -Port of Port Angeles settlement
agreement on the Pettit Oil litigation, with payment by the City not to exceed
$30,000, subject to approval of the settlement agreement by the Port of Port
Angeles.
Motion carried 7 -0.
1. Council Training / Ethics Issues & Related Topics
Tabled until the October 4, 2011, City Council meeting.
eting adjourned at 8 :45 p.m.
uilio, May
6
Janessa Hurd, City Clerk
Rf71\2y
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6975
EXECUTIVE SESSION
Date: September 6, 2011
Expected length of session: 45 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
40 discharging or disciplining an employee, that action shall be taken in a meeting open to the
public.
1
6976
EXECUTIVE SESSION
September 6, 2011
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.
T
Time session began: 5 :03 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended: 5:47 p.m.
In attendance:
Mayor Di Cruilio, Deputy Mayor Perry,
Councilmembers Downie, Kidd, Mania,
and Nelson, Manager Myers, Attorney
Bloor, G. Cutler, and N. West.
•
•
•
•
EXECUTIVE SESSION
Date: September 6, 2011
Expected length of session: 15 minutes
Is action expected following the session: Yes.
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,dfernployees,,or
discharging or disciplining an employee, that action shall be taken in a meeting open to the
public.
1
6977
6978
EXECUTIVE SESSION
September 6, 2011
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: 8:25 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended: 8:38 p.m.
In attendance:
Mayor Di Guilio, Deputy Mayor Perry,
Councilmembers Collins, Downie, Kidd,
Mania, and Nelson, Manager Myers,
Attorney Bloor, G. Cutler, N. West, and
B. Coons.
City Clerk
2 91914711
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