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HomeMy WebLinkAboutMinutes 03/17/2009 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES/ PRESENT A TIONS: Police Department Promotions/Recognitions Jessie Winfield to Corporal/Barb McFall to Sergeant AlA Grant Team Introduction e 6415 CITY COUNCIL MEETING Port Angeles, Washington March 17, 2009 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, and Williams. Members Absent: Councilmember Rogers. Staff Present: Manager Myers, Attorney Bloor, Deputy Clerk Hagar, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, D. Bialzik, 1. Heath, B. McFall, S. Coyle, S. Romberg, S. Sperr, J. Vi ada, T. Pierce, 1. Winfield, D. Dombrowski, D. Arand, A. Heuett, G. Roggenbuck, L. Dunbar, H. Freilich, B. Smith, and D Bellamente. Public Present: D. Schanfald, T. Moore, P. Lamoureux, B. Shaffer, and M. Herbeaux. AII others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Mayor Braun. i. Police Department Promotions/Recognitions Jessie Winfield to Corporal/Barb McFall to Sergeant: Police Chief Terry Gallagher announced the promotion of Jessie Winfield to Corporal and Barb McFall to Sergeant, noting that Ms. McFall would be the first female Sergeant in the Port Angeles Police Department. Chief Gallagher administered the Oath of Office to each of them, followed by the presentation of their new badges by their spouses. Mayor Braun thanked Corporal Winfield and Sergeant McFall for their service to the City and all those from the Police Department who were present to show their support. 2. AlA Grant Team introduction: Community & Economic Development Director West introduced Wayne Feiden and Erin Simmons, members ofthe American Institute of Architectures (AlA) Grant Team, noting that the public meeting held the previous evening had been well attended, and the various focus groups had been very productive. He reminded Council that the plan will be presented to all interested parties during an open public meeting on Wednesday, March 18, at 6:00 p.m. in the Council Chambers. Mr. Wayne Feiden, Northampton, MA, explained that the AlA Grant Team consisted of an engineer, planner, landscape architect, architect, and an economic development professional. The Team toured the City, including the downtown and underground, held focus groups, heard comments from the public, and worked on the project plan. At the public meeting to be held on March 18, a brief PowerPoint presentation will be - 1 - 6416 CITY COUNCIL MEETING March 17,2009 AlA Grant Team Introduction (Cont'd) United Way Year End 2008 Report / 2009 Funding Recommendation Approval PUBLIC COMMENT: made, highlighting the City's most important challenges and the potential paths for solutions. This presentation will be e-mailed to the City, as well as made available on the AlA web site. A final report will be forwarded to the City in about two months, fleshing out the information contained in the PowerPoint presentation. At that point, the process is complete, and it is up to the City to decide what it wishes to do with regard to the plan. The AlA team will be available for questions by phone or e-mail and will make a follow- up visit in one year. Brief discussion followed, with thanks being expressed to the Team for all its efforts on behalf ofthe City. e 3. United Way Year End 2008 Report / 2009 Funding Recommendation Approval: lody Moss, Executive Director of United Way, provided a briefhistory of the relationship between United Way and the City of Port Angeles. She reported on the City's 2008 Human Services funding, noting more than 14,612 people within the City were served, as compared to 9,000 served in 2007. Ms Moss reviewed the recommendations for the 2009 funding distribution, asking the Council to reconsider cutting funding any further, as the need is so great and demand for services can only increase in light of the current economic condition. Following discussion, Manager Myers suggested that the Council authorize the Mayor to sign the United Way contract, as the next Council meeting will not take place until April 7. Deputy Mayor Wharton moved to accept the recommendations as presented and to approve and authorize the Mayor to sign a contract with United Way ofClallam County. Councilmember Perry seconded the motion. Councilmember Di Guilio disclosed that he is an employee of OlyCap, and he will be abstaining from the vote. Mayor Braun disclosed that he is an OlyCap Board member. Councilmember Williams stated that in order to be congruent with his vote on the budget, he will be voting in opposition, as Council budget priorities have not yet been set and he has no way of knowing if the $62,500 budgeted for Human Services funding is too little or too great. Prior to a vote on the motion, Attorney Bloor clarified the law governing conflicts, stating that under the law, Councilmember Di Guilio would not have a conflict. However, the Mayor, as a Board Member, could possibly have a remote interest and should abstain from the vote. Attorney Bloor further clarified that a Councilmember may choose to abstain from any vote for personal reasons. Councilmember Di Guilio disclosed that the entity he works for will not be receiving any of the funds; therefore, he would vote on the issue. Mayor Braun declared he would abstain. A vote was taken on the motion, which carried 4-1-0; with Councilmember Williams voting in opposition and Mayor Braun abstaining. Penny Van Vleet, 117 C. Hilltop Drive, Sequim, President of the League of Women Voters, read aloud from a statement she presented to the Council regarding the Ordinance on Requests for Public Records. Norma Turner, 3928 Mt. Angeles Road, commented on her experience with public records requests in the City of Port Angeles, especially as they relate to invoices for outside legal services. Ms. Turner distributed an example of records from the City that had been redacted, as compared to records from the Port that contained no redactions. She expressed her hope that more discussions would be held prior to the adoption of the Ordinance. Darlene Schanfald, P. O. Box 2664, Sequim, spoke on the policy regarding public records requests and agreed with Ms. Turner's comments regarding redactions of records that should be public. She also commented on Item 1. 2., Amendment No.4 to the Brown & Caldwell CSO Consultant Agreement, asking that the expenses be reviewed. e Paul Lamoureux, 602 Whidby, addressed the contract amendments on tonight's agenda that total more than $lmillion, urged the use of Lodging Tax Funds for the pool, restated - 2 - e PUBLIC COMMENT: (Cont'd) WORK SESSION: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Public Records Ordinance Break RESOLUTIONS: Resolution of Intent - William Shore Memorial Pool Resolution No. 5-09 e CITY COUNCIL MEETING March 17, 2009 6417 his opinion of the HarborWorks PDA, and distributed a written plan for the Harbor area asking that it be shared with the members of the AlA Grant Team. None. 1. Public Records Ordinance: Attorney Bloor explained the purpose of the Ordinance was to improve and clarifY procedures for submitting and responding to requests for public records. In response to statements made during Public Comment, he noted that this is more of a housekeeping Ordinance. He explained that the City has had a basic Public Records Ordinance since 1993, with amending sections added in 2005. Since then, the subject matter of public record requests has expanded. Not only the subjects, but the number of requests that the City receives has increased exponentially, with requests greatly increased over the 2005 level. Recognizing that the current Ordinance was not adequate, Attorney Bloor stated that he and Clerk.Upton worked on the Ordinance to make it more efficient for both the public and City staff. He lauded Clerk Upton as one of the best public records officers in the State, noting that she will continue in that position even after the adoption of this Ordinance. He further stated there is nothing hidden in this Ordinance that will limit or circumvent the public records law. Attorney Bloor cited examples ofthe changes being made to the original Ordinance and why they were necessary. Some of the changes include customized access to data bases, providing record request responses in installments, and clarification of record requests. Attorney Bloor noted the goal in responding to record requests is uniformity, clarity and efficiency. Addressing those that commented on this Ordinance, Manager Myers offered to meet with them regarding questions and concerns once they have reviewed the Ordinance. Lengthy discussion followed, and Council requested the Ordinance be made easier to read for those without legal training, and sought clarification on the various sections of the Ordinance as well on the RCWs pertaining to requests for public records, especially the section regarding exempt records. A suggestion was made that a public hearing be held on this Ordinance at the next meeting, to give the public an opportunity to address the issue. There being no further discussion, Mayor Braun conducted a first reading of the Ordinance entitled: ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 2.74 of the Port Angeles Municipal Code relating to inspection of public records. Mayor Braun recessed the meeting for a break at 7:25 p.m. The meeting reconvened at 7:45 p.m. 1. Resolution of Intent - William Shore Memorial Pool: Manager Myers stated the Resolution is a culmination of many months of discussion regarding the future ofthe William Shore Memorial Pool, and its purpose is to state the Council's position on how the Pool operation and ownership will be handled by the Pool District if the election passes. It further includes the intention of the City to close the Pool no later than June 15,2009, should the election fail. Manager Myers noted that, earlier today, the County Commissioners considered a similar Resolution, but concerns were raised regarding Intention 3, the recommended tax rate. Therefore, the item was tabled. It was suggested that the language for this section revert back to the original language discussed for the tax rate, which allowed for an - 3 - 6418 CITY COUNCIL MEETING March 17, 2009 RESOLUTIONS: (Cont'd) Resolution of Intent - William Shore Memorial Pool Resolution No. 5-09 (Cont'd) estimated 15 cents per $1,000 of assessed valuation, as this is the language printed on the ballot. Manager Myers reminded the Council that this ~as a non-binding resolution. Discussion followed, and clarification was provided regarding the governing body and advisory board. Noting the presence of Commissioner Doherty in the audience, Mayor Braun invited him to the podium to speak to the issue. e Commissioner Doherty clarified that the Commissioners wanted to ensure that the language in their Resolution matched that of the City's to prevent the possibility of a legal challenge. Therefore, the Commission meeting was continued to next Monday. Commissioner Doherty also took the opportunity to thank the Council for the 8th Street bridges, especially the wide sidewalks and bike lanes, and thanked the City's archaeologist for the presentation he gave to County employees. The question was raised as to the possibility of the Park District having the ability to accrue minimal funds beyond operations and maintenance needs. In the event there is an opportunity for a capital grant to build a new Pool, these reserves could be used as matching funds. Gary Holmquist, 1038 Grant Avenue, stated within the budget being built there is a capital maintenance reserve, which would be specific to improvements and modifications to the current facility. It is tile intent of the Save the Pool Committee that within one to three years, discussions can be held relating to long-term strategy for repair or replacement of the Pool so it better meets the needs of the community. Discussion followed, and additional information and clarification was provided regarding capital reserves, the language of the ballot regarding the estimated tax rate, and why the ballots had gone to print with no input from Council. It was decided that, as the ballots had been printed, intention 3, regarding the tax rate, should be eliminated. Noting'that several Councilmembers had referred to meetings attended with the Save the Pool Committee, Councilmember Williams felt those that had participated in those meetings have a conflict of interest and, therefore, should not be voting on this issue. Deputy Mayor Wharton stated that all Councilmembers had been invited to attend a meeting with the Pool Committee and County staff. Councilmember Williams stated for the record that he objected to interfacing and participating with these meetings, as he felt it no longer enables one to be objective and non-biased. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 5-09 A RESOLUTION of the City Council of Port Angeles stating its intent for operation of the William Shore Memorial Pool District (WSMPD). Councilmember Perry moved to pass the Resolution as read by title eliminating intention #3. Deputy Mayor Wharton seconded the motion. Councilmember Williams respectfully requested that Deputy Mayor Wharton and Councilmembers Kidd and Perry, who participated in discussions with the County and Pool Committee, abstain from voting, as he felt there was a conflict of interest. Attorney Bloor pointed out that this was not a quasi-judicial matter, so the Appearance of Fairness Doctrine does not apply. This is a non-binding resolution, so the conflict of interest statutory provisions do not apply. There are no legal obligations requiring Councilmembers to abstain from this vote; it is a matter of individual choice and conscience. Following further discussion and comment by the various Councilmembers, a vote was taken on the e motion, which carried by a vote of 5-1, with Councilmember Williams voting in opposition. - 4 - e LATE ITEMS TO BE PLACED ,ON THIS OR FUTURE AGENDAS: OTHER CONSIDERA nONS: Interagency Agreement for Performance Based Contracting Amendment PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: FINANCE: Network Needs Assessment Consultant Agreement e CITY COUNCIL MEETING March 17, 2009 6419 Manager Myers stated Chief McKeen asked to add discussion of a Public Assistance Grant Agreement to the agenda. This was added as Consent Agenda Item K.6. I. Interagency Agreement for Performance Based Contracting Amendment: City Engineer Sperr summarized the amendments to the Interagency Agreement for Performance Based Contracting, which will allow staff to negotiate a proposal for the Conservation Voltage Reduction and City Hall Complex Energy Conservation projects with a performance contractor without capital outlay. At Council's request, Deputy Director of Power Systems Dunbar elaborated as to how there would be no capital outlay by the City, explaining that the program is financed by a combination of BP A conservation program incentives, a state/local lease purchase program, which is a loan program, as well as the operating cost savings from the utilities. The net annual expense of participating in this program would be no greater than the City's current costs. Therefore, there is no additional capital outlay for the City. Following discussion and clarification, Councilmember Di Guilio moved to authorize the Public Works & Utilities Director to negotiate and sign two amendments for proposals to the Interagency Agreement for Performance Based Contracting; one for the Conservation Voltage Reduction project and one for the City Hall Complex Energy Conservation project. Councilmember Perry seconded the motion, which carried unanimously. None. None. I. Network Needs Assessment Consultant Agreement: Deputy Director Dunbar distributed a revised memo for this item and Engineer Sperr summarized the need for a Network and Security Needs Assessment and a Public Safety Wireless Technology Plan. He noted that Requests for Proposals for consulting services in support of these projects had been sought and rated numerically, and those with the highest scores were invited to be interviewed. Columbia Telecommunications Corporation ranked as providing the best overall qualifications and was within the anticipated price range for the scope of work. Engineer Sperr allowed that these projects are consistent with the City's Capital Facilities Plan. Deputy Director Dunbar provided additional information and clarification, explaining that the results of the assessment would be utilized by staff to determine what items needed to be negotiated in its successor agreement with theCity's vendor for internet services, as the current agreement expires in September, 2009. The other item included in the scope of work is the public safety wireless technology plan, and the information gathered for that will go into a report regarding future wireless mobile data services. Following further lengthy discussion and clarification, especially with regard to the renewal of a contract with Capacity Provisioning, the City's current provider oflnternet services, Councilmember Perry moved to authorize the Mayor to sign a non- disclosure agreement and a consulting contract with Columbia Telecommunications Corporation in an amount not to exceed $52,000, and authorize the City Manager to make minor modifications to the agreement, if necessary. Councilmember Di Guilio seconded the motion, which carried unanimously. - 5 - 6420 CITY COUNCIL MEETING March 17, 2009 Amendment No.4 to Brown & Caldwell CSO Consultant Agreement Amendment No.4 to Brown & Caldwell CSO Consultant Agreement (Cont'd) Amendment No.6 to 8th Street Bridges Replacement Construction Management Agreement, Project 02-15 CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMA nON: 2. Amendment No.4 to Brown & Caldwell CSO Consultant Agreement: Engineer Sperr stated this is a significant amendment, committing more than $1 million from the Wastewater Utility to a single consultant to complete the design for the Phase I CSO projects. He summarized the projects and reviewed those portions that have been e completed, including an environmental review. Discussion and clarification followed, and attention was directed to obtaining the Rayonier tank for the CSO project. Councilmember Kidd stated she would be voting in opposition, as she was concerned about spending so much on property the City does not, and may not ever, own. Deputy Mayor Wharton moved to authorize the Mayor to sign Amendment No.4 to the Consultant Agreement with Brown and Caldwell for Phase 1 CSO Projects in an amount not to exceed $1,150,000, which increases the maximum compensation under the agreement from $1,847,700 to $2,997,700. Councilmember Di Guilio seconded the motion. Following further clarification, a vote was taken on the motion, which carried by a vote of5-1, with Councilmember Kidd voting in opposition. 3. Amendment No.6 to 8th Street Bridges Replacement Construction Management Agreement, Project 02-15: Engineer Sperr reviewed information regarding the amendment to the agreement with Exeltech, noting a number of unanticipated design, inspection, and project documentation requirements necessitating additional funding. He stated the not to exceed amount requested has been budgeted within the contingency fund allocated to this project. Discussion followed, and Council requested clarification regarding the $50,000 budgeted for Directed Services. Receiving no specific reply as to what those funds would be used for, Deputy Mayor Wharton and Councilmember Kidd felt they could not vote in support of the motion. Councilmember Di Guilio moved to approve and authorize the Mayor to sign Amendment No.6 to the 8th Street Bridge Replacements Construction Management Agreement with Exeltech, Project 02-15, in the not-to-exceed amount of $148,400.00. Councilmember Perry seconded the motion, which carried by a vote of 4-2, with Deputy Mayor Wharton and Councilmember Kidd voting in opposition. Following brief discussion related to the Expenditure Approval List, Councilmember Perry moved to accept the Consent Agenda, to include: 1.) City Council Meeting Minutes of March 3, 2009; 2.) Expenditure Approval List from 2/21/09 to 3/6/09 for $3,042,957.02; 3.) PenCom Service Agreement with CCRFP District #1, District #6, and Forks Ambulance; 4.) Forks Prisoner Confinement Services Agreement; 5.) Board and Commissions Reappointments; and 6.) Public Assistance Grant Agreement No. D09-101- Resolution No. 6-09. Councilmember Kidd seconded the motion, which carried unanimously. Councilmember Kidd commented on the excitement of the P A Forward Committee regarding the AlA grant team. Deputy Mayor Wharton noted that she participated in the interviews for the HarborWorks Executive Director. Manager Myers noted that Councilmember Rogers is in Washington, D.C., representing the City and the A WC at the National League of Cities Conference. She will also be meeting with the City's delegation to discuss the status ofthe City's NOAA application. Manager Myers reminded the Council that its Retreat will be held on Saturday, April e 18th at Peninsula College. A detailed agenda packet will be distributed prior to that meeting. - 6 - e e INFORMATION: (Cont'd) EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING March 17, 2009 6421 Manager Myers then recognized several City employees and officials for accomplishments. These included Councilmember Rogers, who was recognized as a Woman of Distinction; Officer Andrew Heuett for rescuing a dog in the Harbor. He also noted that several City firefighters had participated in the Seattle Columbia Tower Stair Climb, and Jeremy Church finished first. Manager Myers read aloud a note from Terry Weed providing a brief update on the Gateway project. At Councilmember Di Guilio's request, Fire Chief McKeen gave a brief update on the progress of the Fire District consolidation process. Chief McKeen anticipates the Committee will make a recommendation to City Council/County Commissioners before the end of the year. He noted that a vote had been taken on the combined name for the Consolidated Fire District and it was decided itwould be called Port Angeles Fire & Rescue. None. The meeting was adjourned at 9:45 p.m. il,~ C~ Gary Braun, ayor ,j &,,~. ..llpfu,,-- Becky J. Up, Clerk - 7 -