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HomeMy WebLinkAboutMinutes 08/19/2008 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: e 6283 CITY COUNCIL MEETING Port Angeles, Washington August 19, 2008 Mayor Braun called the regular meeting ofthe 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 Rogers. Members Absent: Councilmember Williams. Staff Present: Manager Madsen, Attorney Bloor, Deputy Clerk Hagar, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, N. West, B. Coons, 1. Harper, P. Lusk, T. Pierce, and S. Roberds. Public Present: O. Campbell, P. Gagnon, F. De la Fray, C. Johnson, K. Russell, S. Nixon, J. Hendricks, R. Curry, D. Knifsend, P. Lamoureux, S. Holtman, D. Pelling, E. Chadd, and D. Neupert. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Perry. Kevin Russell, President of the North Olympic Builders Association, stressed the importance ofthe work to be done by the PDA and urged the Council to proceed with its support and endorsement of the PDA by approving the Loan Agreement for $150,000. Norma Turner, no address given, stated the PDA has never allowed public comment at any of its meetings, and it voted unanimously to keep no record of the executive session portion of its meetings. Ms. Turner felt both of these actions were wrong and deprived citizens of their rights. Regarding the $150,000 loan to HarborW orks, Ms. Turner stated that, as the whole 2008 budget for the PDA is only $190,000 and as the Port has already voted to provide funding in the amount of $150,000, the City should only consider funding the balance of the budget. She provided tips she felt would improve the PDA and presented Council with a list of questions regarding the PDA that she would like to see addressed at a future time. Shirley Nixon, P.O. Box 178, Port Angeles, spoke regarding what she felt was the City's questionable adherence to the Open Meeting Act during the formation ofthe PDA. She further questioned the legality of its formation, citing P AMC 4.04. She asked the Council, if they should agree with her findings, to withhold funding and remove the City's representatives from the PDA Board. Dave Neupert, President of the Port Angeles Regional Chamber of Commerce, spoke in support of the City funding of the PDA contract for the HarborWorks Project. Mr. Neupert stated the Chamber of Commerce recognizes the vital importance ofthis property for the continued growth and prosperity of the community. Approving the loan for the HarborWorks Project is a progressive, bold, and positive move, which is supported by the Port Angeles Business Community. - 1 - I 6284 i I CITY COUNCIL MEETING August 19,2008 PUBLIC COMMENT: (Cont'd) Break OTHER CONSIDERA nONS: Telephone System Contract Suzann Anderson, P.O. Box 97, Carlsborg, W A, spoke in support of the City funding the PDA. Ms. Anderson spoke of the importance of returning the Rayonier site to the community as a clean and useful waterfront property. e Ed Chadd, 307 W. 6th St., spoke about the HarborWorks proposal, stating the Lower Elwha Klallam Tribe was not consulted nor asked to join in partnership with the PDA and felt they should have been. He further noted that after holding special meetings to allow for public input, nothing was done with the information gathered, and all of a sudden here is the HarborWorks project asking for funding. Mr. Chadd went on to note his concerns regarding development of the site and asked that all the areas of concern be addressed during discussion of this agenda item. Edna Petersen, 217 N. Laurel, discussed the numerous meetings that had been held for discussion ofthe PDA, not only by the City Council, but by other community groups and organizations. She applauded the Council for its vision and wisdom in supporting the PDA to this point, and felt approving the funding was the next logical step. Ms. Petersen then addressed Manager Madsen, thanking him for all the time he spent answering her questions and being her mentor while she was on City Council. She then presented Mr. Madsen with a large going away card and invited all who wished to sign it during the Council's break. Craig Johnson, 917 Benjamin Street, Port Angeles, President of the Port Angeles Business Association, spoke in support of the PDA. Mr. Johnson noted the PDA has met with both the Department of Ecology and the Tribe. He felt the City had done its part, and asked the City Council to do its part by approving the loan agreement with the PDA. Paul Lamoureux, 602 Whidby, asked that Mayor Braun move item M-4 up on the agenda to recognize those employees who have earned awards. Mayor Braun agreed and those recognized included Becky Upton, City Clerk; Yvonne Ziomkowski, Finance Director; Julie Dunbar, Sr. Accountant; and Ken Dubuc, Fire Marshall. Councilmember DiGuilio asked that Council also recognize all those Water Department employees who put forth such an effort to restore water following the recent water main break. Mayor Braun announced that as this was Manager Madsen's last Council meeting, cake would be served during the break. He invited those present to take this opportunity to say good-bye to Mr. Madsen and wish him well. The meeting was recessed for a break at 6:40 p.m. and reconvened at 7:01 p.m. Mayor Braun announced a change in the agenda, moving up Item G. 1. 1. Telephone System Contract. Manager Madsen noted that the City and County share a phone system, which results in costs savings for both entities. The system has reached its end of life and will no longer be supported by the vendor. It is necessary to work in concert with the County to upgrade or replace the current telephone system. Manager Madsen then deferred to System Coordinator Harper, who is in charge of the City's telephone system. Mr. Harper introduced Dan Flynn, the Information Technology Director for Clallam County, with whom he has been working in partnership for the upgrade. Mr. Harper noted the current technology is twenty years old and outdated. The new technology should last for 18 to 20 years. At the Council's direction, staff researched the best upgrade and price and found it to be through the GSA contract. Mr. Harper responded to questions, providing additional clarification. Manager Madsen reminded the Council that this was discussed and approved during the 2008 budget process. e - 2 - e OTHER CONSIDERA nONS: (Cont'd) Telephone System Contract (Cont'd) PUBLIC HEARINGS - OTHER: Electric Utility 2008 Resource Plan Resolution No. 11-08 PUBLIC CEREMONIES/ PRESENT A nONS: WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: FINANCE: Port Angeles HarborW orks Loan Agreement e } CITY COUNCIL MEETING August 19,2008 6285 Deputy Mayor Wharton moved to approve the purchase of the Avaya Telephone PBX System Upgrade and authorize the City Manager to sign the contract after it has been reviewed and approved by the City Attorney. Councilmember Kidd seconded the motion, which carried unanimously. 1. Electric Utility 2008 Resource Plan. Power Resources Manager Lusk gave a brief PowerPoint presentation recapping the Resource Plan, noting the changes made based upon input from the Council. He reviewed the process that led to completion of the Resource Plan. Mayor Braun continued the public hearing at 7: 10 p.m. There was no one present to speak to the issues, and the public hearing was closed at 7: 1 0 p.m. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 11-08 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, Angeles, Washington, approving the Electric Utility 2008 Resource Plan. Deputy Mayor Wharton moved to pass the Resolution as read by title. Councilmember Di Guilio seconded the motion, which carried unanimously. None. None. Manager Madsen noted there was one late item related to soil sampling by the Department of Ecology. This was added as Agenda Item J. 4. Mayor Braun noted a request by Councilmember Di Guilio to move item J. 3., Port Angeles HarborWorks Loan Agreement, up on the agenda in order to accommodate interested parties present in the audience. Deputy Mayor Wharton asked to add discussion of the hiring process for the Interim City Manager position, which was added as Agenda Item G. 2. Councilmember Rogers asked that late items be limited to urgent issues in order to advertise all items for discussion in the interest of open and transparent government. Attorney Bloor informed the Council that discussion of the hiring procedure in open session is acceptable and at the Council's discretion. The only topic for executive session would be discussion of individual candidates. 3. Port Angeles HarborWorks Loan Agreement. Manager Madsen reviewed the creation of the HarborW orks Development Authority, noting the n~w Board has been meeting and going through the organizational phases any new entity goes through. An interim manager was hired, who was tasked with developing a budget, which is included in the packet. Manager Madsen reminded the Council that during discussions, both the City and the Port promised financial support to the newly formed PDA via loans. Tonight, the HarborWorks Development Authority is requesting a loan in the amount of$150,000. He apologized for not having the loan document ready for Council's perusal prior to - 3 - I 6286 I I I CITY COUNCIL MEETING August 19,2008 FINANCE: (Cont'd) Port Angeles HarborW orks Loan Agreement (Cont'd) tonight's meeting. However the City Attorney was out of the office, therefore the loan document was not reviewed and approved by the City's legal counsel until yesterday. He announced the presence of three members ofthe HarborWorks Board in the audience and A suggested Council invite them to speak to the issue. _ Orville Campbell, 820 Milwaukee Dr., introduced Howard Ruddell, 136 W. 12th St., and Jerry Hendricks, 1024 W. 6th Street. All are members of the Board for the PDA. Speaking first, Mr. Campbell addressed several items of concern regarding the working of the PDA. He noted the budget was drawn up by the interim manager, Jim Haguewood, with the assistance of City staff. Mr. Campbell stated the budget does four things: provides for leadership and management, allows for planning and implementation of a public outreach effort, allows for negotiations with the major stakeholders to begin a plan of restoration and redevelopment of the Rayonier site, among others, and finally to cover ordinary and reasonable expenses of the business. Mr. Campbell held that the budget was developed around a business model, and the most important task is to properly staff the organization. Interim Manager Haguewood has worked with the City's Resource Manger, Bob Coons, on the necessary staffing levels, and approval of the loan is now necessary to move the process forward. Mr. Ruddell distributed a hand out to the members of the Council entitled Community Stewardship for One of Our Biggest Challenges and Opportunities, which he read aloud. This handout included the key tasks considered during the Authority's first 90 days. Mr. Ruddell felt this document would be helpful in allowing the Council to review the goals of the PDA. Mr. Ruddell apologized for the lateness of the loan documents and said he would understand if Council wished to take time to review that document and act on it at a future meeting. Manager Madsen asked Community & Economic Development Director West to respond to the questions raised earlier, regarding how the visioning process was carried out during Phase I of the PDA development. Director West reviewed the process beginning with the public meetings. He noted all the input received not only from the general public, but from the 35 stakeholders, was gathered into a report, which was released in February, 2008. The report was the focus of a Council Work Session, was made available to the press, and is on the City's web site. Director West went on to state that many of the objectives and goals of the PDA are derived from the information contained in that report. He felt it has been a very thorough process, and he invited everyone to review that report and recognize that this is the second phase. Director West stated it is time to implement the recommendations of that report by moving on with the PDA. Manager Madsen noted there was lengthy discussion at the February Work Session when the presentation was given, and it was reported on in the Peninsula Daily News. Discussion followed, and PDA Board members and staff responded to questions and provided clarification. Of special concern was the question of salary for the Manager when hired, and how a search for candidates would be conducted. Councilmember Kidd asked if the Authority was planning to add public comment to its agenda. Mr. Campbell felt it could and would be considered and reminded the Council that as a new Board, they admittedly have made some errors, which they hope to correct in the future. A question was raised regarding staffing levels, and Board member Hendricks felt some technical work and legal counsel will probably have to be contracted; however, a small staff that works exclusively for the PDA would be necessary. Manager Madsen reminded the Council this loan is included in the 2008 Budget and does not come from the General Fund, but rather from the settlement the City received from a the State following the graving yard issue. Councilmember Perry reminded everyone that .. this is a loan, not a gift. - 4- FINANCE: (Cont'd) e Port Angeles HarborW orks Loan Agreement (Cont'd) Break FINANCE: Gateway Professional Services Contract Amendment Clallam Economic Development Council Contract e CITY COUNCIL MEETING August 19,2008 6287 Following further discussion and clarification, Council member Rogers moved to approve a Loan Agreement with the Port Angeles HarborWorks Development Authority, authorize the initial loan amount of $150,000 through the end of 2008, and authorize the City Manager to finalize loan documents and sign a Loan Agreement. Councilmember Perry seconded the motion. Following comment by Councilmembers, which stressed the importance of getting vital paperwork in a timely fashion rather than at the last minute, a vote was taken on the motion, which carried 4-2, with Deputy Mayor Wharton and Councilmember Kidd voting in opposition. Mayor Braun recessed the meeting for a break at 8: 14 p.rn. The meeting reconvened at 8:25 p.m. J. Gateway Professional Services Contract Amendment. Public Works & Utilities Director Cutler reviewed the amendment to the agreement with Krei Architects to provide construction support for the Gateway project. He noted that funds are available for this amendment, within the sources identified in the original budget plan. Mayor Braun noted that as the Board Chair for Clallam Transit, he has already signed this Agreement on Transit's behalf. Attorney Bloor stated that the Council could designate either the City Manager or the Deputy Mayor to sign the agreement in place ofthe Mayor. Discussion followed, and Director Cutler responded to questions and provided additional clarification. Council praised the beauty of the new building, and Director Cutler stated this was thanks to the artistic endeavors of Manager Madsen's daughter. Council lauded her efforts, and Manager Madsen noted the art work was done without compensation. Any Councilmember wishing to tour the new building may contact Director Cutler to make arrangements. Councilmember Di Guilio moved to authorize the Deputy Mayor to sign Amendment No. 10 to the agreement with Krei Architects to provide additional architectural services from the Gateway project building, with the negotiated total added fee not to exceed the amended amount of $90,960. Councilmember Perry seconded the motion, which carried unanimously. 2. Clallam Economic Development Council Contract. Manager Madsen noted the Council had been requested to table this item from a previous agenda. Since that time, the contract has been updated, and the contract under discussion this evening is a multi-year contract for the period 2008 - 2012, with the contract amount for 2008 increased to $15,000. For future contract years, submittal of an annual budget is due by August 31 st. Manager then introduced Patti Morse, EDC Board President, and Linda Rotmark, Executive Director of the EDC. Ms. Morse approached the podium and thanked Council for its consideration of the increased contract amount as well as for the multi-year contract. She announced that the Board has signed a contract to move to Lincoln Center in November and expressed her appreciation to Executive Director Rotmark for her assistance in moving this contract forward. Councilmember Perry moved to approve the contract with the Clallam County Economic Development Council and authorize the Mayor to sign the contract. Councilmember Kidd seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. - 5 - I 6288 CITY COUNCIL MEETING August 19,2008 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Highway Access Management FINANCE: (Cont'd) Department of Ecology Soil Sampling RESOLUTIONS: PUBLIC HEARINGS - QUASI-JUDICIAL: CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: 1. Highway Access Management Director Cutler indicated that RCW 47.50 requires that cities adopt standards for access permitting for any new driveway or street accessing a street or road designated as a State highway, and that these standards meet or exceed state access standards. This Ordinance adopts the WSDOT access standards, identifies the government entity to be the City of Port Angeles, and allows for all fees due and payable in connection with access permitting be paid to the City. Mayor Braun then conducted a first reading of the Ordinance by title, entitled e ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, providing for Highway Access Management, Access Permits, and Administrative Process pursuant to RCW 47.50. Brief discussion followed, and this item was continued to September 2, 2008. 4. Department of Ecology Soil Sampling. Director West explained that the City has been approached by E&E Consulting, who is working in conjunction with the Washington State Dept. of Ecology, seeking permission to collect soil samples on up to 17 properties owned by the City. This request is part of the Rayonier Mill Off-Property Dioxin Study and Clallam County has also been requested to participate. A total of 100 soil samples will be collected throughout the Port Angeles area. Director West stated that consideration of the request is urgent, as sampling is set to begin September 4th and anticipated to be completed by September 15th, with results announced in December 2008. Discussion ensued, with concern being expressed over the possibility of decreasing property values due to the test results. Councilmember Perry moved to table this issue to the next Council meeting. Councilmember Kidd seconded the motion. Discussion ensued, and Council felt further information was needed. Therefore, it was suggested that DOE be invited to give a presentation at the next Council meeting, allowing Council to make a more informed decision. It was moved by Councilmember Perry and seconded by Councilmember Kidd to amend the motion to include inviting a representative from DOE to attend the next Council meeting in order to address questions and concerns. A vote was taken on the motion, which carried unanimously. None. None. Councilmember Perry moved to accept the Consent Agenda to include: 1.) City Council Minutes of August 5, 2008, regular meeting; 2.) Expenditure Approval List from 7/26/08 to 8/8/08 for $3,703,226.42; 3.) Utility Rates - Presentation & Set Public Hearing; 4.) Award Tree Trimming Contract; 5.) Surplus City Property - Vehicles; and 6.) AlA Grant Application Approval. The motion was seconded by Deputy Mayor Wharton and carried unanimously. Councilmember Kidd thanked stafffor their efforts on the AlA Grant Deputy Mayor Wharton announced her participation on the Washington State Insurance Commissioners Panel to review potential plans for revamping the health care system. She will also take the seat formerly held by Manager Madsen on the Supportive Housing Task Force. e Councilmember Rogers reported on her attendance at the recent A WC meeting - 6- INFORMATION: e Break OTHE~ -, .'G.oN~IDERATION~t/~ , , Discussion of Hiring Process for Interim e CITY COUNCIL MEETING August 19, 2008 6289 Manager Madsen noted he would be presenting the Mayor with a list of proj ects, of which the Interim and new City Manager will need to be aware. Manager Madsen reminded the Council that it had recently directed the Mayor to sign a letter to the Port regarding the surplus of 113 acres of land, and asking the Port to postpone action while the Airport Master Plan was being completed. He noted that on Monday, August 25, 2008, at 10:00 a.m. a Public Hearing will be held on this issue, should someone from Council wish to attend. Councilmember Perry stated his intention to attend and invited Director Cutler to accompany him. Councilmember Di Guilio took the opportunity to express his appreciation to Manager Madsen for his service to the City. Mayor Braun recessed the meeting for a break at 9:24 p.m. The meeting reconvened at 9:30 p.m. 2. Hiring Process for Interim and Permanent City Manager. ~:" ..'~. .\'~') Human Resources Manager Coons reviewed the process to date, which included accepting applications and contacting Executive Search Companies. As regards the applications, 20 have been received and broken into three groups, those with City Manager or Interim City Manager experience; those who are prior City employees with senior management level experience; and finally all others with executive management expenence. Three executive search companies have expressed interest in working with the City and they include Waldron and Company, Prothrnan.and Alliance. Manager Coons stated he had done a briefing for each company, which he provided to Council to assist in the decision making process. He stated that Councilmember Williams had left him a message prior to leaving town, stating he is only interested in interviewing those candidates with city manager experience, specifically candidates 8 and 11, with his preference being candidate 11. Discussion followed, which revolved around which executive search company should be used, weighing the pros and cons of each. Deputy Mayor Wharton inquired into whether it would be feasible to dispense with hiring a search company and have City staff conduct the search on its own. Manager Coons explained it would be difficult, as the search companies perform all background and reference checks, as well as checking credentials, prior to making recommendations to the City. This would be a very difficult and time consuming task for city staff to complete in a timely manner. Following further discussion and comment, Councilmember Di Guilio moved to contact Waldron and Company to represent the City in its search for a new City Manager. Councilmember Perry seconded the motion. Councilmember Rogers asked that staff ensure the chosen firm was not being utilized by another city in our area. A vote was taken on the motion, which carried unanimously. Councilmember Di Guilio moved to authorize the Mayor to sign a contract based on the conditions of the proposal, ensuring they are not currently working for another entity in our area. Councilmember Perry seconded the motion, which carried unanimously. Discussion followed ~egarding choosing the candidates to invite for interviews, with the opinion being preference be given to those candidates with current City Manager or government experience. All agreed that candidates 6, 8, 11, and 16 should be invited to participate in the interview process and Human Resources Manager Coons offered to prepare a list of questions and a scoring matrix for the Council's use. -7- I 6290 CITY COUNCIL MEETING August 19,2008 OTHER CONSIDERA nONS: (Cont'd) Discussion of Hiring Process for Interim (Cont'd) ADJOURNMENT: Councilmember Perry moved to interview candidates 6, 8, 11 and 16, and to direct Mr. Coons to set up interviews. Deputy Mayor Wharton seconded the motion, which carried unanimously. Discussion followed regarding a date for holding the interviews. The general consensus was Thursday, August 28, starting at 1 :00 p.m. Manager Coons will ask candidates to be prepared to discuss salary requirements. Following interviews, background and criminal checks will take place. Attorney Bloor informed the Council that the actual interviews must be held in open session. Following the interview process, Council may adjourn to Executive Session for deliberations on the individual candidates. The meeting was adjourned at 10:03 p.m. b.~ ",a~~~<<--- Gary Braun, or . - 8 - e e