HomeMy WebLinkAboutMinutes 10/05/19922339
CITY COUNCIL SPECIAL MF~TFING
Port Angeles, Washington
October 5, 1992
CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order
SPECIAL MEETING: at 12:10 p.m.
ROLL CALL: Members Present: Mayor Hallett, Councilman Nicholson, Councilwoman
Sargent, and Councilman Schueler.
Members Absent: Councilmen Braun, Ostrowski, and Wight.
Staff Present: Manager Pomeranz, Attorney Knutson.
Public Present: None.
ELWHA DAMS The emergency special meeting of the Port Angeles City Council was called to
discuss the changes made to the Elwha dams bill in the U. S. Congress by
Congressman Dingell of Michigan, Chairman of the House Energy and Commerce
Committee. It appears the provision which would require the federal government to
bear the cost of protecting the City's water supply has been significantly weakened.
Attorney Knutson distributed a revised version of the section of the Elwha dam
legislation dealing with protecting the City's water supply. The question to be
decided is whether the City is going to support the legislation if the protection of its
water supply depends upon specific annual appropriations which are separate from
the appropriations for dam removal. The previous version of the legislation that was
acceptable to the City tied in water supply protection with the appropriation for the
entire dam removal project. Money would have been appropriated to take care of
removing the dams as well as protecting our water supply. The way this revision
reads is that the Secretary could decide to remove the dams and then go ahead and
remove them, even if Congress did not appropriate the money to protect our water
supply. We have discussed this problem with ITT and Daishowa. ITT feels so
strongly about this problem that its position is if we can't get the language "subject
to annual appropriations" taken out, we should ask our Congressmen not to support
the legislation. Daishowa, on the other hand, would also like the language "subject
to annual appropriations" taken out, but Daishowa has other interests at stake, such
as power supply and trying to avoid the uncertainties of licensing the dams, so that
Daishowa is not willing to have the entire legislation killed.
Mayor Hallett asked what it would mean if the language "subject to annual
appropriations" should get in the bill and the bill passes.
Attorney Knutson replied that the language means that the Secretary could proceed
with removing the dams without protecting the City's water supply, because
Congress could appropriate money to remove the dams but would not have to
appropriate money to protect the City's water supply.
Manager Pomeranz added that Congressman Dingell is concerned that removing that
language would create an open-ended liability for the Congress.
Councilman Schueler asked if the Clean Water Act would not preclude any action
of the government changing the water quality the City already has. Attorney
Knutson said he thought Councilman Schueler was correct. However, it is better for
the City to make sure the bill addresses the City's needs, because in order to force
the federal government to comply with the Clean Water Act, the City would have to
go to court.
Councilwoman Sargent said it appears that the City is between a rock and hard place
as far as its industrial customers are concerned, but that the City Council's
responsibility is to protect the City of Port Angeles and its taxpayers regarding issues
that are within the City's control. If water quality protection measures are subject
to separate annual appropriations, the City's taxpayers are not being protected.
Councilwoman Sargent moved to concur with the recommended prioritization
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CITY COUNCIL MEETING
October 5, 1992
of the changes to the Elwha dam legislation protecting the City's water supply,
with the first priority being to eliminate the requirement that water quality
protection measures would.be subject to a separate annual appropriation.
Councilman Schueler seconded the motion.
Councilman Nicholson added for the record that the City's position from the very
beginning is that the City did not believe that the removal of the dams was going to
do what the sponsors of the bill think it would do; that the City felt all the time that
it was an expenditure of a lot of taxpayers' money for very, very minute results; but
that if the City could protect its water, the City would not oppose the bill. As
Councilwoman Sargent said, the City Council's responsibility is to the citizens of
Port Angeles to try as best it can to protect the City's water supply.
Mayor Hallett concurred that the City Council should continue to follow the same
approach it has taken on this issue from the beginning.
Councilwoman Sargent stated that it is not within the City's power to deal with or
protect the power situation for Daishowa, although Daishowa is a very important part
of our community. Nor can the City affect whether or not the dams will be
relicensed, so the only thing the City can do within its power is to deal with the
industrial and private water supply for the City.
Mayor Hallett called for the vote and the motion carried unanimously.
ADJOURNMENT: The meeting adjourned at 12:40 p.m.
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