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HomeMy WebLinkAboutMinutes 11/16/2010• • CALL TO ORDER - SPECIAL MEETING: ROLL CALL: CLOSED SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: CITY COUNCIL MEETING Port Angeles, Washington November 16, 2010 Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Members Present: Members Absent: None. Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins [arrived at 5:16 p.m.], Downie, Kidd, Mania, and Nelson. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, D. McKeen, N. West, Y. Ziomkowski, and B. Coons. Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for a Closed Session for approximately 40 minutes under the authority of RCW 42.30.140(4 0), for the purpose of planning or adopting strategy to be taken by the City during the course of collective bargaining. The Closed Session convened at 5:01 p.m. The Closed Session concluded at 5:44 p.m. No action was taken. The special meeting was adjourned at 5:44 p.m. Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Members Absent: Staff Present: Mayor Di Guilio led the Pledge of Allegiance to the Flag. 1. DECA Week Mayor Di Guilio presented the Port Angeles High School DECA students with a proclamation recognizing November 16 through 20, 2010, as National DECA week. Cameron Sietz, President of the Port Angeles High School DECA, spoke regarding the program and their upcoming activities for DECA week. 1 Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd, Mania, and Nelson. None. Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, D. McKeen, N. West, Y. Ziomkowski, S. Romberg, T. Pierce, P. Lusk, D. Bellamente, L. Dunbar, R. Bonine, and M. Puntenney. 6760 6761 CITY COUNCIL MEETING November 16, 2010 PUBLIC COMMENT: CITY COUNCIL REPORTS: WORK SESSION: Break: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: Lou Templeton, 710 Delguzzi Dr., #302, spoke on behalf of the League of Women Voters, commending Council for budgeting for the replacement of the Council Chamber's audio system. Allan Harrison, 1834 E. 5 St., spoke regarding his concerns about the automated meter infrastructure program and urged Council to conduct public outreach and education. Mayor Di Guilio responded to Mr. Harrison by assuring him that Council considered public outreach and education a priority. Dan Anderson, 224 E. First St., asked a series of questions regarding the Combined Sewer Overflow project. Councilmember Mania spoke regarding the Food Policy Council meeting he attended with Councilmember Downie and Manager Myers. Councilmember Downie spoke regarding his attendance with Mayor Di Guilio at the Farmers' Market City Council table. Deputy Mayor Perry spoke regarding his attendance at the City of Victoria's Remembrance Day ceremony as the City of Port Angeles representative. Councilmember Collins spoke regarding his meeting with AWC representative Andy Meyer, regarding the solicitation of ideas for how AWC could better serve cities. He also spoke regarding his attendance at the Olympic Visions Mural dedication. Councilmember Kidd also spoke regarding her attendance at the Olympic Visions Mural dedication. Mayor Di Guilio spoke regarding his attendance at the Veterans Day ceremony at the Coast Guard Station, and the Olympic Visions Mural dedication. Councilmember Nelson had no report. 1. 2011 Budget Manager Myers and Finance Director Ziomkowski presented a PowerPoint presentation on the 2011 Budget. Manager Myers summarized what was new in 2011, the City's strategic goals, budget enhancements, and changes to the 2011 Preliminary Budget. Director Ziomkowski provided an overview of the budget document, discussed financial trends, and described expenditures by fund. Council discussion followed. Mayor Di Guilio recessed the meeting for a break at 7:32 p.m. The meeting reconvened at 7:42 p.m. A Resolution to reschedule the closed record hearing regarding the Shoreline Substantial Development Permit for Nippon Paper Industries was added to Section H, Resolutions not requiring public hearings. Mayor Di Guilio pulled items F5 and F2 from the Consent Agenda for later discussion. It was moved by Perry and seconded by Downie to approve the Consent Agenda to include: 1.) City Council Minutes for October 12, November 1, and 2, 2010; 2.) Equipment Procurement: Light Operations trucks; 3.) 2010 Water Main Replacements, Project WT02 -2006, Final Acceptance; 4.) Amendment #2 to Telecommunications Consultant Agreement. Motion carried 7 -0. 2 • • PUBLIC HEARINGS - OTHER: 1. 2011 Budget Mayor Di Guilio opened the public hearing at 7:45 p.m. There being no public comment, he continued the public hearing at 7:45 p.m. Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington amending the 2010 budget and adopting the 2011 budget for the fiscal year ending December 31, 2011. 2. Proposed Medic I Utility Rate Adjustments Fire Chief McKeen provided a brief description of the Medic I Utility Rates. He stated that Council had previously decided to use reserves rather than raise rates for 2010, but that using reserves was not an option for 2011. He stated that the recommendation was a 9% increase, and added that the high end users were in support of the increase for 2011. Council discussion followed. Mayor Di Guilio opened the public hearing at 7 :51 p.m. There being no public comment, he continued the public hearing at 7:51 p.m. Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled, AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.73 of the Port Angeles Municipal Code relating to Medic 1 charges. 3. 2011 Recreation Fees Adjustment Recreation Manager Bonine described the proposed recreation fee increases for 2011, which included the after school and summer program fees, and banner rental fees. Council discussion followed. Mayor Di Guilio opened the public hearing at 7:58 p.m. There being no public comment he continued the public hearing at 7:58 p.m. Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Sections of Chapter 3.70, of the Port Angeles Municipal Code relating to Recreation Division fees. 3 ORDINANCE NO. CITY COUNCIL MEETING November 16, 2010 6762 6763 CITY COUNCIL MEETING November 16, 2010 PUBLIC HEARINGS- OTHER: (Cont'd) Resolution 23 -10 Ordinance No. 3416 PUBLIC HEARINGS — QUASI-JUDICIAL: CONSENT AGENDA: (Coned) 4. 2011 Property Tax Levy and Revenue/Expenses... Director Ziomkowski conducted a PowerPoint presentation on property taxes, and stated that the proposed property tax increase was 1%. Council discussion followed. Mayor Di Guilio continued the public hearing at 8:20 p.m. There being no public comments, he closed the public hearing at 8:20 p.m. Mayor Di Guilio read the Resolution by title, entitled, RESOLUTION NO. 23 -10 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing an increase in the regular property tax levy of 1 %, or $40,576, over the highest lawful levy for 2010. It was moved by Mania and seconded by Kidd to: Approve the Resolution as read by title. Motion carried 7 -0. Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3416 AN ORDINANCE of the City of Port Angeles, Washington, levying ad valorem property taxes for the fiscal year 2011, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. It was moved by Mania and seconded by Kidd to: Approve the Ordinance as read by title. Motion carried 7 -0. None. F2. Expenditure Approval List: 10/23/10 to 11/5/10 for $3,033,655.87; and F5. Bonneville Power Administration (BPA) Commercial & Industrial Demand Response Grant Acceptance. Councilmember Collins asked Director Ziomkowski to explain the large amount of debt service payments for the month. Director Ziomkowski answered that November was one of the semi - annual payment months for many of the City's debt payments. 4 • • • CONSENT AGENDA: (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: Resolution No. 24 -10 Councilmember Kidd asked questions regarding the Demand Response Pilot Program. Public Works and Utilities Director Cutler, and Power Resources Manager Lusk answered questions regarding the program, reassuring the Council . that the program was strictly voluntary. Council discussion followed. It was moved by Perry and seconded by Downie to: CITY COUNCIL MEETING November 16, 2010 Authorize the City Manager to sign a Memorandum of Understanding with the Bonneville Power Administration (BPA) and a subsequent contract with the BPA, or Global Energy Partners acting as a general contractor for the BPA, for up to $384,520 for the City's Commercial and Industrial Demand Response Pilot Project, and to make minor modifications to the agreement, if necessary. Motion carried 7 -0. It was moved by Collins and seconded by Downie to: Approve the Expenditure Approval List: 10/23110 to 11/5/10 for $3,033,655.87. Motion carried 7 -0. Manager Myers asked Council if they wanted to add any of the items from Other Considerations to the Consent Agenda, and Council agreed by consensus to leave all three items in Other Considerations. None. 1 Resolution to reschedule the closed record hearing regarding the Shoreline Substantial Development Permit for Nippon Paper Industries Manager Myers stated that the Resolution rescheduled the time for the closed record hearing from December 14, 2010, to December 6, 2010, and delegated the authority to establish rules of process and procedure for the closed record proceeding. He read the Resolution aloud to Council RESOLUTION NO. 24 -10 A RESOLUTION of the City Council of the City of Port Angeles, Washington, changing and confirming the date of the closed record proceeding, delegating to the Mayor authority to establish rules of process and procedure for the closed record proceeding, and establishing standards of review and for decision- making on the closed record proceeding regarding the Shoreline Substantial Development Permit for the Nippon Paper Industries USA Co., Ltd. Mill expansion and biomass cogeneration project. It was moved by Nelson and seconded by Perry to: Pass the Resolution as presented. Motion carried 7 -0. 5 6764 6765 CITY COUNCIL MEETING November 16, 2010 OTHER 1. Advanced Metering Infrastructure System Communications Plan CONSIDERATIONS: Consultant Agreement Amendment No. 1. FINANCE: Manager Lusk presented a PowerPoint presentation on the Advanced Metering Infrastructure System proposed communications plan. He discussed the phases of the proposed project and the consultant, Parker LePla's experience with this type of project. Council discussion followed. It was moved by Mania and seconded by Nelson to: Authorize the City Manager to sign Amendment No. 1 to the Agreement with Parker LePla in an amount not to exceed $69,801, and to make minor modifications to the agreement, if necessary. Council discussion followed. Councilmember Collins expressed his concerns with the agreement and suggested that City staff was capable of carrying out a communications plan without a consultant. Motion carried 6 -I, with Councilmember Collins voting in opposition. 2. Consultant Agreement: Combined Sewer Overflow Phase I, Constructability Review, and 3. Amendment No. 8 to Brown and Caldwell Consultant Agreement Director Cutler stated that he handed out an updated staff memo to Council at the beginning of the meeting. City Engineer Puntenney presented information regarding both the constructability review and the proposed amendment to the Brown and Caldwell Agreement. He stated that the two issues were tied together, because if the constructability review were approved, the amendment to the Brown and Caldwell Agreement would allow them to participate in the review. City Engineer Puntenney explained the need for a constructability review. He stated that the review cut down on the number of change orders and due to the size of the Combined Sewer Overflow project, this could be a significant savings for the City. Council discussion followed. It was moved by Downie and seconded by Perry to: Authorize the City Manager to sign an agreement with Harris & Associates, for professional services for a constructability review of the Combined Sewer Overflow Phase I project design in the amount of $66,551.10, and approve and authorize the City Manager to sign Amendment No. 8 to the Consultant Agreement with Brown and Caldwell, in an amount not to exceed $14,000, which increases the maximum compensation under the agreement from $3,728,791 to $3,742,791. Council discussion followed. Motion carried 6-1, with Councilmember Mania voting in opposition. None. 6 • • INFORMATION: • EXECUTIVE SESSION: None. ADJOURNMENT: Manager Myers reminded Council of the Waterfront and Transportation Improvement Plan public meeting on November 18, 2010. He spoke regarding the public praise received regarding the Public Works and Police Department's excellent handling of restoring power to the citizens. He also discussed his involvement with the Association of Washington Cities Legislative Committee, and stated that their new top priority was improving public records laws. The ing adjourned at 9:50 p.m. an Di Guth°, Mayor 7 Jan CITY COUNCIL MEETING November 16, 2010 Hurd, City Clerk 6766 • Date: November 16, 2010 Expected length of session: 40 minutes Is action expected following the session: No EXECUTIVE SESSION At the start of Executive Session, remind participants that: • Only announced topics may be discussed • No final action can be taken in Executive Session • Discussions are confidential Reason for Executive Session: To consider matters affecting national security. To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. To review negotiations on the performance of public bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company. To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge. To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public. 6767 6768 To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Closed session under RCW 42.30.140: To discuss proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or Meeting of a quasi-judicial body relating to a quasi - judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group. Matters governed by chapter 34.05 RCW, the Administrative Procedure Act. X Collective bargaining session with employee organization, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement or a portion of a meeting which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the . proposals made in the negotiations or proceedings while in progress. Time session began: 5:01 p.m. Was session extended by announcement: No If so, when: Time session ended: 5:44 p.m. Mayor In attendance: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins [arrived at 5:16 p.m.1, Downie, Kidd, Mania and Nelson, Manager Myers, Attorney Bloor, B. Coons, Y. Ziomkowsk.i, G. Cutler, N. West, and D. McKeen. G:IGROUPICLERKWORNISIFORMS AND PUBLICATIONS - CREATION GS2010- 0131EXECIJTIVE SESSION Form.wpd • •