HomeMy WebLinkAboutMinutes 12/06/2011•
CALL TO ORDER -
SPECIAL MEETING.
ROLL CALL.
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
CALL TO ORDER -
REGULAR MEETING.
ROLL CALL:
PLEDGE OF
ALLEGIANCE.
PUBLIC COMMENT
•
CITY COUNCIL MEETING
Port Angeles, Washington
December 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
Collins, Downie, Kidd, and Mania.
Members Absent: Councilmember Nelson
Staff Present
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T Gallagher, D McKeen, N. West, Y Ziomkowski, and
R. Hostetler
Based upon input from Attorney Bloor, Mayor Di Guilio 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, for approximately 45 minutes.
The Executive Session convened at 5:03 p.m.
The Executive session concluded at 5:53 p.m. No action was taken.
Mayor Di Guilio adjourned the special meeting at 5:53 p m.
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, Downie, Kidd, and Mania.
Members Absent: Councilmember Nelson
Staff Present:
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T Gallagher, D McKeen, N. West, Y Ziomkowski, T
Pierce, and M. Puntenney
It was moved by Collins and seconded by Mania to:
Excuse Councilmember Nelson from the December 6, 2011 City Council meeting.
Motion carried 6 -0.
Mayor Di Guilio led the Pledge of Allegiance to the Flag
William Hunt, 438 Lopez, provided a handout to Council from the recent Lincoln
Park public meeting, and expressed his frustration regarding the lack of public
comment session at the meeting. He stated that he was led to believe there would
be one because of comments made by Manager Myers at the November 1, 2011,
Council meeting. He asked Council to make sure that the public has the
opportunity to make public comment.
1
7025
7026
CITY COUNCIL MEETING
December 6, 2011
PUBLIC COMMENT:
(Cont'd)
CITY COUNCIL
REPORTS:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CONSENT AGENDA:
Resolution No. 21 -11
Manager Myers apologized for the error and stated he corrected his comments
about the structure of the meeting at the November 15, 2011, Council meeting. He
discussed the City's current plans to solicit more comments from members of the
public. Council discussion followed.
Tom Sanford, 224 W 7th St., spoke on behalf of the Feiro Marine Life Center and
thanked Council for their ongoing support.
Anami Cloud, 133 E. First St., and Susan Hinton, 527 W 101h St., requested
Council not adopt the 2012 Budget and instead conduct a line -by -line audit. She
spoke in opposition to fluoridation of the City's water and asked Council to put the
issue before a vote of the people of Port Angeles. She also spoke against the
current plans for the Waterfront and Transportation Improvement Plan (WTIP)
promenade, and thanked Council for the "Choose Local" program. She asked
Council to focus on bringing more jobs to the area and asked them to research
"transitions towns" Finally, she thanked Council for their hard work and asked
them to take the difficult steps needed to do the right things for the City Council
discussion followed.
Councilmember Mania spoke regarding the recent meetings and events he attended,
including the Port Angeles Fine Arts Center 25'" Anniversary celebration.
Councilmember Downie also spoke regarding the recent meetings he attended and
recognized the passing of Leonard Beil and commended him for all of his service to
the City of Port Angeles.
No other reports were given.
None.
Mayor Di Guilio requested a change to the City Council Minutes for November 15,
2011, regular meeting, stating it was Council's intent to adopt Ordinance No. 3441,
as amended to reflect a wording change requested by Councilmember Mania.
Council agreed by consensus.
Mayor Di Guilio pulled item, Surplus Submachine Guns, from the Consent Agenda.
It was moved by Mania and seconded by Downie to approve the Consent
Agenda to include:
1 City Council Minutes for' October 11 Special Meeting, November 15
Special Meeting, November 15 Regular Meeting as amended, and
November 29 and 30 Special Meetings, 2011
2. Expenditure Approval List: 11/5/11 to 11/28/11 for $4,421,241 10
4. Port Security Grants
5 Amendment to City's Investment Policy — Resolution No. 21 -11
6. City -County Interlocal Agreement — Archaeology Services
7 City- County Interlocal Agreement — Arborist Services
8. Declare Certain City Property Surplus — Authorize Sale
9 Housing Rehabilitation Fund — Roof Repair Request
Motion carried 6 -0.
2
• CONSENT AGENDA.
(Cont'd)
OTHER
CONSIDERATIONS:
•
CITY COUNCIL MEETING
December 6, 2011
3 Surplus Submachine Guns
Councilmember Collins expressed concerns regarding the guns being sold to a
private buyer
It was moved by Collins and seconded by Mania to:
Direct staff to destroy the surplus submachine guns and not sell them to a private
collector
Police Chief Gallagher explained the guns would be traded to someone who was
federally licensed to own them as a collector and the Police Department would be
able to receive the weapons or ammunition they need in return. Council discussion
followed.
Motion failed 3 -3, with Di Guilio, Perry, and Downie voting in opposition.
It was moved by Mania and seconded by Collins to:
Donate the surplus submachine guns to a local museum.
Council discussion followed.
Motion failed 3 -3, with Di Guilio, Perry, and Downie voting in opposition.
It was moved by Perry and seconded by Downie to:
Declare the two (2) Reising Model 55 submachine guns and their related
accessories as surplus to the needs of the City and authorize the City Manager to
dispose of the weapons in a manner most advantageous to the City
Motion failed 3 -3, with Collins, Kidd, and Mania voting in opposition.
Chief Gallagher stated he could look into whether a national military museum
would be able to take the guns as an alternative option.
It was moved by Collins and seconded by Mania to:
Table the agenda item until staff can provide a report regarding alternative options.
Motion carried 6 -0.
1 PenPly Payback Agreement
Councilmember Kidd asked Council to postpone the agenda Item because
representatives from PenPly were not in attendance. Mayor Di Guilio urged
Council to move forward with the issue.
It was moved by Collins and seconded by Mania to:
Disconnect utility services to the PenPly Mill, except for utility services needed for
the office building and fire suppression system for security purposes.
3
7027
7028
CITY COUNCIL MEETING
December 6, 2011
OTHER
CONSIDERATIONS:
(Cont'd)
QUASI- JUDICIAL
MATTERS — NOT
REQUIRING PUBLIC
HEARINGS:
Council discussion followed.
Motion carried 6 -0.
It was moved by Mania and seconded by Kidd to:
Direct staff to aggressively pursue whatever means possible to recoup the money
owed the City by PenPly
Motion carried 6 -0.
2. Combined Sewer Overflow (CSO) Professional Services Agreement
Amendment No. 12 / Project W W08 -2008
Public Works and Utilities Director Cutler discussed the agreement amendment and
need to ensure coordination of work with the Waterfront Transportation
Improvement Plan (WTIP) project.
Community and Economic Development Director West agreed and stated it was
important to complete this work prior to the beginning of the planned work for the
WTIP project or they may have to end up demolishing work just completed.
It was moved by Perry and seconded by Downie to:
Approve and authorize the City Manager to sign Amendment No. 12 to the
Professional Services Agreement with Brown and Caldwell in an amount not to
exceed $13,196, which increases the maximum compensation under the agreement
from $4,193,415 to $4,206,611, and to make minor modifications to the agreement,
if necessary
Council discussion followed.
Motion carried 5 -1, with Mania voting in opposition.
1 Final Infill Overlay Zone (IOZ) Subdivision Maloney Heights — 2300
Block West 16'" Street
Councilmember Collins recused himself because of his employment with Serenity
House, and left the Council Chambers.
Director West stated that all conditions had been met by the applicant and asked the
Mayor to qualify the members of the Council.
Mayor Di Guilio read the appearance of fairness doctrine and asked each
Councilmember to state if they had any interest or involvement affecting their
ability to hear the matter fairly
All present Councilmembers stated they had no relationship with the applicant and
could hear the matter fairly
Mayor Di Guilio asked the audience if anyone objected to any of the
Councilmembers hearing the matter No one responded.
4
• QUASI- JUDICIAL
MATTERS — NOT
REQUIRING PUBLIC
HEARINGS.
(Cont'd)
Break.
PUBLIC HEARINGS -
OTHER:
•
CITY COUNCIL MEETING
December 6, 2011
Director West requested Council waive the second reading as State Law only
allows thirty days from receipt of application to approval of a final subdivision.
Mayor Di Guilio conducted a reading of the Ordinance by title, entitled,
ORDINANCE NO 3442
AN ORDINANCE of the City of Port Angeles, Washington, approving a 15 lot
subdivision in the RMD zone known as Maloney Heights Subdivision.
It was moved by Mania and seconded by Downie to:
Adopt the Ordinance as read by title, citing Condition 1, Findings 1 -12, and
Conclusions 1 -5 identified in Exhibit "A"
Motion carried 5 -0.
Mayor Di Guilio recessed the meeting for a break at 7:03 p.m. The meeting
reconvened at 7.10 p m.
2012 Budget / 2011 Amended Budget
Manager Myers stated the preliminary budget has been available for public review
on the City's website since November 1, 2011 He described the numerous
previous meetings on the budget and stated what a great process it has been.
Finance Director Ziomkowski provided a PowerPoint presentation regarding the
2011 Amended Budget and 2012 Budget, discussing recent changes to revenues,
expenditures, and capital projects. Council discussion followed.
Mayor Di Guilio continued the public hearing at 7.22 p.m.
Anami Cloud, 133 E. First St., spoke in opposition to adopting the budget and asked
Council to first conduct a line by line audit of the budget.
Mayor Di Guilio closed the public hearing at 7.24 p.m.
Clerk Hurd provided a brief history regarding the availability of the preliminary
budget to the public.
Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled,
ORDINANCE NO 3443
AN ORDINANCE of the City of Port Angeles, Washington, amending the
2011 Budget and adopting the 2012 budget for the fiscal year ending
December 31, 2012.
It was moved by Perry and seconded by Downie to:
Adopt the Ordinance as read by title.
5
7029
7030
CITY COUNCIL MEETING
December 6, 2011
PUBLIC HEARINGS- Council discussion followed.
OTHER:
FINANCE:
INFORMATION:
Councilmember Mania stated he would be voting no on the 2012 Budget because it
did not require Nippon to pay a base rate, and covers the incurred base rate costs
with funds from the General Fund.
Deputy Mayor Perry made a point of order stating that the issue regarding Nippon
had already been discussed.
Council discussion followed.
Motion carried 5 -1, with Mania voting in opposition.
1 Equipment Purchase: Street Sweeper Replacement
Director Cutler explained all of the street sweepers are currently broken down and it
takes up to six months to process the order for a new street sweeper Council
discussion followed.
It was moved by Downie and seconded by Perry to:
Approve and authorize the City Manager to purchase an Elgin Street Sweeper from
Owen Equipment of Kent, Washington, for an amount not to exceed $225,000,
including applicable taxes and licensing, and to make minor modifications to the
purchase contract, if necessary
Motion carried 6 -0.
2. Clallam Transit System — Gateway Close -Out Agreement
Manager Myers stated the proposed agreement was to officially close out the
construction phase of the project and resolve other issues associated with the
project. He listed the highlights, including the distribution of final revenues,
responsibilities of maintenance and utilities, and the future conveyance of
ownership. He explained the only outstanding issue is with Krei Architects and that
Clallam Transit has directed the City to handle this issue. Council discussion
followed.
It was moved by Mania and seconded by Kidd to:
Approve and authorize the Mayor to sign the 2011 Agreement with Clallam Transit
System relating to The Gateway Project.
Motion carried 6 -0.
Manager Myers spoke regarding the reports in the packet, provided a status update
on the Buxton study, discussed the Peninsula Daily News Choose Local Program
insert, stated that he was scheduling a meeting with the Department of Ecology for
next month, and discussed possible meeting dates for the upcoming Council retreat
in January
Break. Mayor Di Guilio recessed the meeting for a break at 7:51 p.m. The meeting
reconvened at 8:00 p.m
6
•
• EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
•
CITY COUNCIL MEETING
December 6, 2011
Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for an
Executive Session under the authority of RCW 42.30.110(1)(g), for the purpose of
reviewing the performance of a public employee, for approximately 30 minutes.
The Executive Session convened at 8:00 p.m.
The Executive session concluded at 8:19 p.m. No action was taken.
Mayor Di Guilio adjourned the meeting at 8:19 p.m.
Dan Di Guilio, Mayor
7
Janes
urd, City Clerk
7031
•
•
EXECUTIVE SESSION
Date: December 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
discharging or disciplining an employee, that action shall be taken in a meeting open to the
public.
1
7032
7033
EXECUTIVE SESSION
December 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. 5:03 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended. 5:53 p.m.
In attendance:
Mayor Di Guilio, Deputy Mayor Perry,
Councilmembers Collins, Downie, Kidd,
and Mania, Manager Myers, Attorney
Bloor, G. Cutler, T. Gallagher, D.
McKeen, Y. Ziomkowski, and R.
Hostetler.
2
•
•
EXECUTIVE SESSION
Date: December 6, 2011
Expected length of session. 30 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.
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.
7034
7035
EXECUTIVE SESSION
December 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.
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. 8:00 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended. 8.19 p.m.
In attendance:
Mayor Di Guilio, Deputy Mayor Perry.
Councilmembers Collins, Downie, Kidd,
and Mania, and Manager Myers.
2