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HomeMy WebLinkAboutMinutes 02/10/2009 e CALL TO ORDER- SPECIAL MEETING: ROLL CALL: Discussions with Department of Ecology e 6399 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington February 10, 2009 Deputy Mayor Wharton called the special meeting of the Port Angeles City Council to order at 2:09 p.m. Members Present: Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: Mayor Braun. Staff Present: Manager Myers, Attorney Bloor, Clerk Upton, G. Cutler, N. West, T. Pierce, D. Beery, S. Johns, and S. Roberds. Public Present: M. McCarty,S. Nixon, and G. Shield. All others present in the audience failed to sign the roster. Discussions with Department of Ecology: Deputy Mayor Wharton stated the purpose of this special meeting was to discuss community projects in partnership with the Department of Ecology and to provide an opportunity for the Department of Ecology to answer City Council questions in a public forum. She indicated that meetings were held earlier in the day with representatives of the Department of Ecology, the Lower Elwha Klallam Tribe, the Port of Port Angeles, and the Port Angeles HarborWorks Development Authority. Manager Myers felt this had been a positive and productive day. Discussions with the Department of Ecology focused on the CSO project, the trip to Rayonier in Jacksonville, a presentation on steps forward on the part of the City to design improvements on the Rayonier site for the CSO, a time line for the CSO project, and funding issues for CSO improvements. Also discussed were planning and implementation strategies for the Port Angeles HarborWorks Development Authority, costs associated with the cleanup of the Rayonier site, and community concerns expressed on liability for the cleanup costs. Jim Pendowski, Manager of the DOE Toxics Cleanup Program, had responded to questions posed by Deputy Mayor Wharton in that regard, and copies of his response were distributed to those present. In order for the City to get in line for future funding, ownership issues must be addressed. Manager Myers summarized a meeting held at Noon with partners for harborworks planning, CSO, and cleanup of the Rayonier site. Members of the press and the public were in attendance, and he was encouraged that all partners will work together closely. Deputy Mayor Wharton opened by asking the Councilmembers if they had any questions out of the meetings held earlier in the day. Discussion followed, with appreciation expressed for the spirit of cooperation, the positive feelings on the outcomes of the meetings, and the hope there will be more similar meetings. The Department of Ecology officials were thanked for coming to Port Angeles, and the need was identified for all involved to be respectful of the fact that the City must negotiate with Rayonier in a spirit of cooperation. Focus was given to the CSO project, the need for the tank on the Rayonier site, and the need to work this issue synergistically with the cleanup. - 1 - 6400 CITY COUNCIL SPECIAL MEETING February 10,2009 Discussions with Department of Ecology (Cont'd) Sally Toteff, Regional Director of the Department of Ecology Southwest Regional Management Team, shared background information on the Department of Ecology, delineating its core services and providing an exhibit showing the Department's organizational chart. Ms. Toteffintroduced the DOE staff members who accompanied her to the meeting: Kurt Fremont, Water Quality/Stormwater; Rebecca Lawson, Cleanup Manager; Greg Zentner, Municipal Wastewater; and Kim Schmanke, Communications. e Mr. Zentner approached the podium, informing the Council he has been working with the City on the CSO program. He stated his awareness of the cost ofthe program to the City, and with the economic troubles in the Country, he felt there is more of a prospect for funding availability to lessen the burden on City residents. Mr. Zentner encouraged more progress with Rayonier and the CSO design on the part of the City in order to have access to more funding opportunities. j. Rebecca Lawson addressed the Council, indicating the cleanup programs hinge on cleanup ofPuget Sound. The DOE has undertaken a harbor wide sediments investigation and an off-property soil dioxin study, with reports on both scheduled to be released later in the year. The focus has been on cleaning up the Rayonier site, with a study area comprised of the upland and in-water sediment. Efforts are moving forward on the cleanup, and if there is a buyer, DOE would work with them towards cleanup. The Councilmembers then posed questions to the DOE representatives, and discussion ensued with regard to the prospective purchasers consent decree. Ms. Lawsonprovided clarification in that the scope of liability would also define the level of liability. She emphasized that Rayonier does not escape its liability, and legally, DOE could always come back to Rayonier on liability. She further explained that the lease/license agreement on the tank wouldn't make the City become a liable party, but the issue would be different if the City owned a portion of the property. Ms. Lawson further explained that lease versus ownership impacts eligibility for grant funding. Ifthe City were to lease the tank, then that would preclude the City from applying for grant funding specific to the CSO project. A license for the tank would not make the City liable, as it wouldn't be the owner. Discussion then centered on the matter of testing on private property and the old versus new cleanup levels. Ms. Lawson indicated that the cleanup level under one method as opposed to the newer one could probably be made available. She indicated cleanup is at 11 parts per trillion, which equates to an excess cancer risk of 1 in a million. The matter of federal funds available for CSO projects was discussed, and $80-$100 million is hoped for in Washington State for wastewater treatment plants. "Shovel ready" projects are being sought, and the City of Port Angeles is probably two years away from becoming eligible in that the project is still in design phase. Concern was expressed that it is difficult for cities to get "shovel ready" in view of design and permitting, on the hope that stimulus funds will be available. Attorney Bloor was asked to itemize the City's next steps, and he indicated the next step will be a decision on a license agreement with Rayonier to allow the City to proceed with design, planning, and permitting of the CSO tank. He anticipated an agreement would be ready for the Council's consideration at its next meeting or the first meeting in March. Approval of the agreement will imply some level of commitment for the City to go forward in some fashion toward cleanup of the larger property. Attorney Bloor discussed the options ifthe City doesn't enter into a license agreement in terms of the CSO project, as well as information from engineering that the use ofthe tank is the preferred option in terms of the lowest cost and expediency. If the City is unsuccessful in entering into a license agreement, then the tank could be condemned, likely at an increased cost and longer duration of time. e Discussion ensued on grants and loans, the timing of applications, the importance of - 2 - e e Discussions with Department of Ecology (Cont'd) ADJOURNMENT: CITY COUNCIL SPECIAL MEETING 6401 February 10, 2009 ownership, and the possible need for an extension based on financial hardship for the community. Discussion also centered around other cities that have undertaken similar projects. Ms. Toteffthanked the Council for the opportunity to conduct the meeting. She. urged the Council and staff to contact DOE at any time with questions. . The meeting was adjourned at 3:12 p.m. ~.CCD...~ ~ Gary Braun, ayor ~ .&~ J)ptv^- Becky 1. Upt Ci lerk - 3 -