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HomeMy WebLinkAboutMinutes 03/01/1979 I I I 143 CITY COUNCIL MEETING Port Angeles, Washington March 1-2, 1979 I CALL TO ORDER The special meeting was called to order by Mayor Haguewood at 6:30 P.M. The purpose of this meeting is to determine the nature of the contractual relationship between the city and County on hiring an attorney to repre- sent both parties in the contested case hearings before EFSEC, and in~ terview and select a legal firm. II ROLL CALL Members Present: Mayor Haguewood, Councilmen Anderson, Boardman, Buck, Dunca, Hordyk, Wray. Members Absent: None. Staff Present: Manager Whorton, Attorney Miller, Deputy Clerk Caso. Guests Present: County Commissioners Lydiard, Lotzgesell and Richards, County Prosecuting Attorney Meiner. III MINUTES Suspended. IV LEGISLATION 1. JOINT CITY/COUNTY ATTORNEY: EFSEC CONTESTED CASE HEARINGS During the February 6, 1979 regular Council meeting, the Council and County Commissioners Harry Lydiard and Ron Richards discussed the possibility of hiring a joint City/County attorney to represent both parties in the EFSEC contested case hearings. The outcome of that discussion was that the Council agreed to join with the County, and bids were called for and received from several legal firms. Those bids were opened February 26, 1979. At this meeting, Commissioner Lydiard addressed the Council in regard to a contractual agreement between the County and City, and suggested that all joint City/County actions taken at the contested case hearings be paid for on a 50/50% basis. During discussion on commissioner Lydiard's suggestion, Councilman Buck pointed out that the EFSEC hearing may be delayed up to 2-3 months and they may continue on for several years, and suggested city Attorney Miller represent the City at the hearings S0 that representation and information would remain in-house. The Council and Commissioners discussed this possibility at length with Attorney Miller and prosecuting Attorney Meiner. Subjects discussed included representation at the BLM hearings, Attorney Miller's current City workload and how it could be alleviated, and the advantages of two attorneys. The discussion concluded with Council- men Boardman and Duncan stressing the need for an immediate decision. The Council and county Commissioners next interviewed four legal firms which bid on the joint City/County representation. Attorneys interviewed were Mr. Mike Andrews and Mr. John Keegan, of the firm Logerwell, Cohen and Andrews; Mr. Hal Green of the firm MacDonald, Hoague and Bayless; Mr. Sandy Mackie of the firm Owens, Weaver, Davis and Dominick; and Mr. Craig Ritchie, of the firm Doherty, Doherty and Ritchie. Each attorney was questioned regarding ex- perience, knowledge of the EFSEC hearings, possible conflicts of interest, organization and preparation of the case presented at the hearings, and position taken on the mitigating measures and opposition to the oilport. 144 CITY COUNCIL MEETING March 1-2, 1979 IV LEGISLATION 1. Cont. Following the interviews, the Council and Commissioners again discussed the possibility of separate attorneys. Subjects dis- cussed included nature of the contractual agreement between the City and County if Attorney Miller is primary legal counsel for the City at the EFSEC hearings, participation by a large legal firm on a limited basis only, the possibility of hiring Attorney I Miller as primary attorney for both the City and County plus one of the firms just interviewed to assist him, a brief summary of how Mr. Miller would present his case at the hearings, in-house capabilities, and the County's financial situation. The discussion concluded with Mayor Haguewood continuing the special meeting until Friday, March 2, 1979 at 4:00 P.M. March 2, 1979 The continued special meeting was called to order by Mayor Haguewood at 4;00 P.M. All Councilmembers were present, plus Manager Whorton, Attorney Miller, Deputy Clerk caso, the Clallam County Commissioners, and prosecuting Attorney Meiner. Following a brief statement by Councilman Boardman concerning the importance of this matter, County Commissioner Lotzgesell advised the Council of the Commissioner's recommendation; that the legal firm of Logerwell, Cohen and Andrews, including Mr. John Keegan, should be hired on a 50/50% basis to represent both the City and County's interests during the EFSEC contested case hearings. Following a brief discussion on this recommendation, Council- man Duncan moved the firm of Logerwell, Cohen and Andrews be retained as joint City/County legal counsel in EFSEC contested case hearings, and that the reimbursement by the Northern Tier Pipeline Company of all past and future costs incurred by the City and County as a result of the Northern Tier Pipe- line Company proposal be a primary goal for the attorneys selected. The motion was seconded by Councilman Boardman. During discussion on the motion, the Council, County Commissioners, Attorney Miller and Prosecuting Attorney Meiner discussed at length the advantages and disadvantages of the City using Attorney Miller as their primary attorney at the EFSEC hearings instead of contracting with a private firm. Subjects discussed included the reasons behind the Commissioners choice of Logerwell, Cohen and Andrews, the extent of Attorney Miller's relationship to the County's primary attorney, how the attorneys would handle conflicting issues between the City and County, and what funds were available to the County for the private firm's fee. Mayor Haguewood then called a five minute recess, as requested by Councilman Anderson. I Following the recess, the discussion continued on the question of a joint City/County attorney. During the discussion Councilman Duncan pointed out that if a joint City/County attorney is retained, the Council would want the costs of that attorney to reflect the added participation that the Council wants Attorney Miller to have in this matter so that in the future he is completly up to date on the situation. Councilman Hordyk also stressed the need for future follow up in this matter, and suggested a special fund be created with Mr. Keegan, Mr. Miller and Mr. Meiner's time being charged to that fund. This suggestion was discussed at length between the Council and Commissioners. Councilman Hordyk then moved to amend the motion; that the finances of this attorney be put into a fund and the selected firm draw their compensation from this fund and also the County Prosecuting Attorney and City Attorney would draw from this fund on their time that is represented by them to Mr. Keegan - be it dollars or in-kind services. The amended motion was seconded by councilman Buck. On call for the question, the amendment to the motion was passed unanimously. The Council then voted on the original motion as amended; it passed with Councilman Hordyk voting "NO." Attorney Miller and Prosecuting Attorney Meiner will work together on a draft contract with Logerwell, Cohen and Andrews, to be presented for consideration at the next regular Council meeting. I V ADJOURNMENT The meeting adjourned at 5:30 P.M. ~e.~~ City Clerk ~<j~ ./Mayor