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HomeMy WebLinkAboutMinutes 12/29/20045509 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington December 29, 2004 CALL TO ORDER - SPECIAL MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: WORK SESSION: "Graving Dock" Project Mayor Headrick called the special meeting of the Port Angeles City Council to order at 1:02 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Munro, Pittis, Rogers, and Williams. Members Absent: Councilmember Erickson. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, T. Riepe, Y. Ziomkowski, S. Johns, and R. Hostetler. Public Present: R. Daignault, B. Schultz, A. Gonzales, K. Lamb, G. Blevins, T. Smith, D. McMahon, B. Philpott, P. Merrell, T. Andrews, E. Herrling, G. & M. Wiggins, P. Lamoureux, H. Hilt, T. Baublits, D. Nelson, R. Schuchgadt, R. Johnson, R. Fleck, R. Hoham, R. Lundahl, C. Kidd, C. Johnson, K. Sanders, K. & T. Hanan, B. Pasco, M. Belford, T. Ahlgren, L. Perrizo, W. Sampson, N. Spicher, R. Warner, D. Fox, S. Hilt, G. Fuller, V. Hilt-Fuller, J. Farmer. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Williams. "Graving Dock" Project: For purposes of the record, Councilmember Rogers announced that Tom Luce was present as representative of Congressman Norm Dicks. Robert Thorns from Senator Cantwell's office was in Fort Lewis for funerals for the soldiers recently lost; Senator Murray's staffers are on vacation. Representatives of Govemor Locke's office had a schedule conflict and were unable to attend. She noted the presence of County Commissioner Doherty and County Administrator Engelbertson; she invited both to join the group seated at the table. She asked if there was any representation from the Lower Elwha Tribe, and there was none. Councilmember Rogers continued that Representative Buck was in New Jersey with his ill mother, Representative Kessler is recovering from surgery, and Senator Hargrove had a schedule conflict. She noted that Representative Buck was taking the lead on this issue for the 24~h District delegation. The Council was joined at the discussion table by the following, who then introduced themselves: Walt Schubert, Mayor, City of Sequim; Jim Haguewood, Executive Director; Clallam County Economic Development Council; Rod Fleck, City Attorney, City of Forks, and Second Vice Chair, Clallam County Economic Development Council; Tom Lute, Congressman Dicks' office; Don Hall, Sequim City Council; Carol Johnson, Executive Director, North Olympic Timber Action Comrmttee; Bob McChesney, Executive Director, Port of Port Angeles; John Calhoun, District 3 Commissioner, Port of Port Angeles; Leonard Bell, 2nd District Commissioner, Port of Port Angeles; Russ Veenema, Executive Director, Port Angeles Chamber of Commerce; Nedra Reed, Mayor, City of Forks; Mike Doherty, Clallam County -1- 5510 CITY COUNCIL SPECIAL MEETING December 29, 2004 WORK SESSION: (Cont'd) "Graving Dock" Project (Cont'd) Commissioner. Councilmember Williams sought clarification as to whether representatives of the Elwha Tribe were invited to the meeting, and Councilmember Rogers verified the invitation was extended, but Frances Charles, Chair &the Elwha Tribe, had indicated they would meet with the City after the holidays. Manager Quirm, after talking with Elwha Executive Director John Miller, confirmed the Tribe's willingness to meet after January 1 Mayor Headrick announced that the purpose of this meeting was to conduct a roundtable discussion with all of the representatives present to consider where and how to proceed on the matter of the graving dock. He asked for an update on the status of the graving dock project, and Councilmember Rogers reported on a meeting held with Department of Transportation Secretary MacDonald and Mayor Headrick and Councilmembers Pittis and Rogers. Indicating that the State decided to abandon the site, Councilmember Rogers felt there was still small hope in keeping the site in Port Angeles, but it would take the entire community's effort in working together toward that goal. She indicated that she, Mayor Headrick, and Councilmember Pircis had walked the site the previous day with two representatives of the Department of Transportation and two union representatives. She expressed surprise at how much of the project had been completed. Councilmember Pittis discussed the status of the project from an engineering perspective, noting that a majority of the piles are in along the Marine Drive portion of the site, as well as the water side of the project. The piles in the shallow area are largely in place, in addition to some of the soldier piles. The two ends are yet to be completed. A pour for the bottom in the southwest comer is approximately 25% complete, whichrepresents about 8 days of concrete pours. In addition, the stormwater system is in place at this time. Councilmember Pittis indicated that work has basically stopped, and the contractor is ready to install fencing. He added that, within a couple of months, the contractor could begin pouring the pontoons for the project, but that could not be accomplished pending a means to get the pontoons out via the deeper portion of the project. In looking at the money spent on the project to date, from an engineering perspective, Councilmember Pittis felt it is difficult to see that money go to waste, notwithst*ndingthe archeological aspects. If the site is vacated, then the State would pull out the piles and try to determine a reuse. Mayor Headrick added that the coffer dam is built in order to keep the water in so a gate can be constructed, and the contractor is prepared to start digging in the deep end and start building the gate. Councilmember Brauninquired of Councilmember Rogers as to her terminology earlier of a small hope for retaining the project. Councilmember Rogers questioned why the State had to go to such an extreme to shut down the project, and she emphasized the City has yet to have a conversation with the State where a reason for their decision has been clearly set forth. She stressed the importance of the City helping the Tribe obtain land and funding for the reburial of the remains and, to that end, the City is trying to meet with the Tribe to identify solutions in working towards the middle ground. Mayor Headrick referenced the fact that some community members are blaming the Tribe, but the reason the project is at its present state is because communications between the State and the Tribe broke down. This issue is not about blame; it is about working out an appropriate resolution to the situation. Mayor Headrick continued that a great deal of money has been invested in this community,and it is important to utilize the City's waterfront to the maximum. He understood that this situation started 3 months ago, approximately in September, at which time the Tribe wanted to dig deeper in search of artifacts and remains. The issue at hand is whether or not the agreement is adhered to or whether, because of extenuating circumstances, an effort is made to go the extra step. Mayor Headrick indicated that, in this instance, the State must step up and do more than was stipulated in the agreement. He noted there are many issues to -2- CITY COUNCIL SPECIAL MEETING 5511 December 29, 2004 WORK SESSION: (Cont'd) "Graving Dock" Project (Cont'd) be considered, such as money, emotion, and economic development in the community, and he stated the Council's plan to pursue the matter. Russ Veenema, Executive Director of the Port Angeles Chamber of Commerce, questioned the intent of the mediator from Congressman Norm Dicks' office in terms of whether he planned to strike an exit sttategy or a solution. He felt it would be helpful for the mediator to become involved in meetings with the State, the Tribe, and the City, and he noted that many have expressed the opinion that the mediator should have been involved months ago. When asked what percentage of the project was complete, Councilmember Pittis responded that portions of the project have been completed to various stages. He estimated that 25% of the floor area is finished, and perhaps 50% of the piles. Councilmember Rogers, noting the presence of union members in the audience, indicated she had been informed by a union member that the driving of piles could be complete in a month. Tom Luce, Congressman Dicks' office, advised those present that the mediator is looking for the quickest way to move toward bridge repair and, secondly, he is working to decide what to do with the artifacts and actual 20-acre site. He is also considenng how the communitywill come to a resolution that provides for economic activities yet assures the Tribe that their interests are met. Mr. Luce indicated the mediator's scope of work is expanding; he was engaged by the Department of Transportation, but it is uncertain how long the DOT wants him to fulfill the role of mediator. Bob McChesney, Port of Port Angeles Executive Director, inquired as to whomis managing the mediator's scope of work; Mr. Luce responded it is the DOT. Councilmember Munro asked for clarification in that the mediator will try to assure that the bridge is built, but would that mean he would attempt to get the bridge built on the present graving yard site. Mr. Luce indicated he would defer to the Department of Transportation in that regard, but it was his understanding that the position of the DOT and the Tribe is that the site in Port Angeles is no longer on the table for consideration. Further discussion ensued regarding the role of the mediator, and Mr. Luce indicated that the long-term issue is how the property can be used but, at the same time, the Tribe must be assured of the appropriate treatment of artifacts and the Village. Mayor Headrick inquired as to why the property wouldn't be considered for a graving dock, and why wouldn't everyone come back to the table to discuss a remm to the site. Mr. Luce stressed the importance of getting to a resolution by working as one community, and many people have urged the DOTand the Tribe to fmd common ground. At this point, neither the Tribe nor the DOT want to continue discussion. Knowing there are Federal projects that could be built in this facility, Councilmember Williams inquired at what point the Federal Government might step up in view of the larger prospect. Mr. Luce cited specific rumors that have surfaced as to the Federal Government's intentions for the property, none of which are true. He expressed the opinion that, with the level of dialogue taking place, it is difficult to separate emotions from the issue at hand. He urged that everyone work toward a common community goal, being mindfulofthe creation of family wage jobs and the development of the land around the Port. Russ Veenema, acknowledging the expertise of Mayor Headrick as a former Judge, suggested that the Mayor's talents as a mediatormight be beneficial, and he urged the two sides retoming to the table for further discussion. Larry Leonard, a member of the audience, noted it has been his experience that, when one side holds all the cards, negotiations cannot occur. Because, in his opinion, the Tribe holds all the cards, there is no sense discussing it further. He asked Mr. Luce to state CongressmanDicks' position on the matter, and Mr. Luce indicated that, since the Memorandum of Understanding was first signed, it has been the Congressman's position that both sides should continue to work together. As of today, he is awaiting -3- 5512 CITY COUNCIL SPECIAL MEETING December 29, 2004 WORK SESSION: (Cont'd) "Graving Dock" Project (Cont'd) word from the Tribe to express their desires on the matter. Discussion then ensued between members of the audience and Mr. Luce with regard to the cost of the project to the taxpayers thus far, as well as the projected time line. Mayor Headrick felt there is no time line at the moment in view of the need to conduct negotiations. He explained the reason for being in the present situation is that the Tribe asked for additional concessions, and the State opted not to comply with their request. Discussion and heated debate then followed between members of the audience and the Council, and Councilmember Williams indicated the City has not been a part of the process, but now everyone must work together. Walt Schubert, Mayor of the City of Sequim, gained 100% consensus to sign the Port Angeles City Council letter to be sent to the Depamnent of Transportation. Mayor Schubert cited a survey of the Association of Washington Cities that revealed there are only two cities in the State that do not expect to be financially worse offin the next five years. During the economic boom of the 1990's, over one-third of Washington cities, mostly rural, did not benefit. Those cities were characterized by low income and high unemployment. From 1993 - 2004, per capita income decreased by 7%, health care costs rose 135%, and the rate of inflation increased by 36%. In the past two years, the average working wage in Clallam County rose faster than the State average; unemployment in Clallam County is the lowest it has been in tlfirty years. Clallam County has been removed from the distressed county list, but Mayor Schubert felt that, if the graving yard project is lost to Port Angeles, this trend may be reversed. He felt that the project was not about winning or losing but, rather, it was about people. Mayor Schubert continued that bringing the graving yard to Port Angeles is about jobs and about people having money to buy food. He noted that the Salvation Army serves 100 people per day because those people cannot fred work. Bringing the graving yard to Port Angeles is about people fmcFmg health care and housing. He cited the number of homeless in the community and the people on fixed income. The graving dock project will reduce the number of households that fall under the poverty level. Mayor Schubert indicated that census data showed 30% of Sequim households make less than $15,000 per year and 46% make less than $25,000 per year. Just as important, he felt the graving dock would bring opportunity and dollars to the community and, by keeping those dollars in the community, there would be opportunity to improve the economy and thus maintain and improve living standards so that Port Angeles would become a better place to live. Mayor Schubert felt it is time for the decision makers on the Peninsula to come together to work towards a solution to keep the graving yard here, a solution for the good of the whole community,not just the DOT, who seems all too willing to write off $60 million in taxpayer money. He stxessed this should not be an exclusionary process, as those at the table should represent the County, Port, the City of Port Angeles, City of Forks, City of Sequim, the EDC, and the State Representatives. He felt this is not a Port Angeles issue, but a regional North Olympic Peninsula issue. If Port Angeles loses this opportunity, everyone will lose. It is important to seek a solution that meets the needs of the entire community, and he spoke in support of the Port Angeles City Council. Nedra Reed, Mayor of the City of Forks, felt it important that everyone understand that the issues surrounding the future of the Port Angeles graving yard project affect all residents of Clallam County. The impact of decisions surrounding the viability of the project are such that they are rippling through her small community on the west end. She was encouraged by the meeting today to inspire the larger communityto become a part of the effort to craft a resolution before emotions mn any higher, adding that paramount to successful resolution is the need for not only the local community to recogn/ze the unique culture, heritage, and historyof the Lower Elwha Tribe that has been discovered at the site but, at the same time, there must be an effort to ensure that the graving dock project remains in Port Angeles. Mayor Reed was certain there is enough creativity and support in the community to find a resolution, acknowledging we must bury our dead with respect, but she felt the future belongs to the living, and the CITY COUNCIL SPECIAL MEETING 5513 December 29, 2004 WORK SESSION: (Cont'd) "Graving Dock" Project (Cont'd) future is the entire community. Jim Haguewood, Executive Director of the Clallam County Economic Development Council and long time resident of Port Angeles, provided personal commentaries related to the comparison of this decision with the designation of Olympic National Park or the spotted owl in past history. Those decisions were considered the most important in the Olympic Peninsula's history in the Twentieth Century. Mr. Haguewood felt that discussion occurring over the past two weeks has been healthy and has expressed respect and concern for both the Tribe's interest and the community's future. He noted this is a very complicated and emotional situation, similar to the Olympic National Park designation in 1938, at which time the expectation was that communityinterests would resolve the issue, not stated national interests. He urged the leaders present to fmd resolve in the matter, stressing that recognition of the Lower Elwha Tribe and its sovereign status must be a component of the solution. The Lower Elwha Tribe is legally independent from the community, but mutually responsible for its future. Mr. Haguewood pointed out that the community does not clearly understand the Elwha Tribe's expectations of this site and the rest of the Port Angeles harbor, and there must be clarification and collaboration on the approach. The ultimate resolution must be a shared solution, and it must be locally generated. Leaders must accept that there is a sense of urgency in this community to identify the solution. Mr. Haguewood continued that the Port Angeles harbor has been an asset to the residents of this area for many years in that it is a unique, natural feature that is central to recreation, culture, and commerce, but it is limitedin capacity. He stressed this is the time to deal with the long-term, cultural land use facilities and economic aspects of this indigenous resource. As stated earlier, Mr. Hagnewood cited some of the monumental economic and community development successes that have been achieved over the last four years, such as the Sappho Gap, the Lincoln Center, the west end Tech Center, the Peninsula College Center of Excellence, and Westport Shipyard, collectively creating over 1,100 new jobs in Clallam County in 2004 for one of the strongest economies in three decades. He urged the continuation of these models and the collaborative behavior that caused these successes to occur. Mr. Haguewood recommended that the Department of Transportation not leave the community without the job finished and, secondly, he urged the local leaders to meet with the Tribe the first week of January to craft a long-term and short-term strategy to deal with this property and the rest of the harbor. Rod Fleck, Second Vice President of the Clallam County Economic Council and City Attorney for the City of Forks, expressed the opinion that the mediator's portfolio should be expanded and clarified to ensure he is required to work with the community on this issue and, further, that the DeparUnent of Transportation should bear those costs. He noted that the graving yard is surrnunded by other ownerships, public and private, and there is information in the press that appears to be the only source of information provided to the general public that indicates other potential issues in the waterfront area. Those issues, according to Mr. Fleck, need to be resolved within the entire community. He urged that discussion be extremely inclusive, collaborative as opposed to polarized, and that it occur as quickly as possible. He felt it would be appropriate for the Department of the Interior and the Department of Federal Transportation to provide assistance in the mediator's activities, as some of these types of issues have arisen elsewhere in the nation on other projects. It would be helpful to have Federal expertise to learn how similar situations were handled. He asked of Mr. Luce as to when the impasse occurred and what was the context of that impasse. Tom Luce, Congressman Dicks' office, addressed the question as to whether Congressman Dicks was pushing for continued work at the site. He indicated the Congressman has exhausted all ideas and all possible ways to bring the two parties together. He indicated that if anyone herehad a way to bring the sides together, then any such ideas would be taken to the Department of Transportation and the Tribe and -5- 5514 CITY COUNCIL SPECIAL MEETING December 29, 2004 WORK SESSION: (Com'd) "Graving Dock" Project (Cont'd) given all due consideration. Mr. Lucc felt that everything possible to get the two sides to the table had been attempted, but he acknowledged that did not preclude any ideas that might come forward from this group today. In terms of the time line, the Tribe and the DOT entered into a Memorandum of Understanding at the time the remains were first discovered. That MOU established an understanding on how to deal with the remains and how to work collaboratively in a way to get both interests satisfied and, at the same time, get the graving dock built at that site. What then occurred was that a lack of communication, or mis-communication, over a lengthy period of time led to an impasse between the two sides. This occurred in mid to late November and, at that time, a series of events between the DOT and the Tribe shifted from discussion of how to make the project work to a position that was solidified by the Tribe's letter to the Department of Transportation requesting that the project stop. From that lettercame the DOT's statement that they would be stopping construction. Discussion ensued, and Mayor Reed understood that Governor Locke held meetings with the Tribe whereby he assured the Tribe the project would stop. Mr. Luce was unaware of such a meeting, and he wasn't aware if Congressman Dicks had spoken to the Governor on the matter. Russ Veenema indicated that representatives from the Department of Transportation would be addressing the Chamber of Commerce at its luncheon meeting this coming Monday; any prepared statements could be presented at that time. Mr. Lute felt it would be appropriate for all ideas to be submitted via the City, who could then sit down with the DOT. Carol Johnson, North Olympic Timber Action Committee, spoke in support of the graving yard, expressing concern long term for the economic future of the community, the County, and the entire Peninsula. If the graving yard were gone, the problems would not be solved that relate to where the graving yard has stopped and what happens with future waterfront development. The consequences of this issue will have an impact beyond the graving yard in terms of existing business and future development. Councilmember Braun agreed that a failure in any community on the Peninsula impacts everyone, financially and emotionally. Bob McChesney, Executive Director of the Port of Port Angeles, spoke in support of the community's desire to have the graving dock continued and completed in Port Angeles. He was supportive of the mediator bringing the two sides together to make that happen. Mr. McChesney indicated the Port was ready to assist in any defined role, as the Port is very interested in keeping the waterfront development program going. He expressed some concerns about the scope of work on which the mediator is proceeding, and he suggested that matter be monitored as there may be a tendency to meander beyond the boundaries of the issues at hand. Leonard Beil, District 2 Port Commissioner, felt this is a very complicated issue. While there must be concern with the culture and history of the Tribe, the needs for economic development for the harbor must also be considered, as the harbor is one of the driving forces for the economy of the entire North Olympic Peninsula. Mr. Beil had some short-term and long-term concerns, and he offered assurances that the Port Commission and staffwould look for ways to mitigate some of the concerns. He noted that the Department of Transportation has asked for proposals for other sites for constructing the pontoons and anchors, and the proposals are due by January 10. It was Mr. Bell's understanding that a decision will be forthcoming the latter part of the month and, in that regard, he felt there may be some alternative and opportunity to at least salvage a portion of the Hood Canal Bridge project in Port Angeles, and the Port will work on any and all possibilities, which may include options that would not include the current graving yard site. Councilmember Munro was pleased to be a part of the City in tal~mg the lead to solve this problem; however, he expressed frustration and anger with the community ending up in this situation. He questioned how a State agency could basically condemn a piece -6- WORK SESSION: (Cont'd) "Graving Dock" Project (Cont'd) CITY COUNCIL SPECIAL MEETING December 29, 2004 of waterfront property and then have such a disastrous result. Councilmember Munro pledged his support to look for alternative ways to get the project moving again, to find alternative properties for the Tribe for their future needs, and to possibly look for alternative sites for the graving yard. He was certain the City Council and staffwould work hard to not let the project leave Port Angeles. Councilmember Pittis noted that, after meeting with the Secretary of Transportation, he was frustrated that the decision was made without any exit strategy whatsoever. Lacking that strategy, the communityhas been left in a lurch with neighbors on various sides of the issue that can only react based on information garnered only from the media. This reaction then makes it difficult to develop a public policy strategy as a way of addressing the matter. Either way, Councilmember Pittis felt the community is scarred by the project, whether the pontoons are built hem or not, as there will still be issues that must be dealt with, such as long-term growth within the harbor and the specter of potential remains in other sites. Russ Veenema indicated he had a very positive conversation several months ago with a member of the Elwha Tribe who indicated the Tribe understood the importance of the graving yard to the community and the Tribe. He indicated the Tribe was anxious to move through the process of dealing with the remains and having the project move forward. Something dramatic has since happened, and Mr. Veenema felt the community has not been able to be part of the process. He felt that, if the community could return to the earlier mindset, then the remains and artifacts could be dealt with in a respectful and dignified manner to then allow the community to proceed for the benefit of all. ConncilmemberRogers indicated she serves as the City's legislative liaison to all State, Federal, and County associations, plus she is a Board member of the Association of Washington Cities. She promotes legislation that makes it easier for economic development to occur throughout the State. She stressed the importance of understanding the Tribal needs before anything can proceed. However, she indicated that a letter has been prepared to Secretary MacDonald that the City wants the project to remain in Port Angeles, that there are solutions that are not mutually exclusive of one another, and that the concerns of the Tribe can be addressed with the project moving forward. She expressed disappointment with the meeting held December 20th with the Department of Transportation, feeling that if the attitude displayed by the DOT was similar to their interface with the Tribe, then she understood why the situation has evolved to where it is today. She found it interesting that Clallam County, through EDC leadership, received the Governor's Award for collaboration yet, during the time this impasse was taking place, no one took advantage of the expertise available in this community. There was no local participation when the DOT and the Federal Government were talking. She requested that the Congressman and Senators meet with her in Washington, D.C., in an effort to get the parties back to the table. She added that there is alternative land that could be considered, and she felt a solution can be reached. She was concerned that the Governor's office excluded the City from the discussions, and she then read a proposed draft letter directed to the Governor that is being prepared by Representative Buck and Representative Kessler asking for an investigation of the decision to stop the project. Councilmember Williams referenced initial discussions on the Hood Canal Bridge project and his part in initiating consideration of Port Angeles as the site for construction of the anchors and pontoons. He indicated a desire to hear from the Tribe again, as it is critical that the premise of no one left behind be maintained. He expressed the need to reconsider who is going to be responsible for additional retrieval of artifacts and remains, as he felt the Tribe should be assisted in this regard. He asked as to the tree extent of archeological findings, and he discussed the far-reaching consensus about harbor development. He urged all parties to come to the table with a sense of community and unity, leaving all extremism outside. 5515 -7- 5516 CITY COUNCIL SPECIAL MEETING December 29, 2004 WORK SESSION: (Cont'd) "Graving Dock" Project (eont'd) Mike Dohen~ff, Clallam County Commissioner, indicated that the County Comn~ssioners sent a letter encouraging dialogue between the parties. He felt the roles are not mutually exclusive, and he then discussed the history of the waterfront. He felt everyone could appreciate the concern that the consultantsdidn't do an adequate job researching the area and drilling test holes. Further, Commissioner Doherty didn't feel that a large public meeting without the principals in attendance was a preferred means of furthering discussion. He didn't agree that the best forum of piling on served as the best format, and he felt that Mayor Headrick's suggestion for mediation with identified options would be worthwhile. Mayor Headrick indicated it is clear as to the goal, but the means of accomplishing that goal is not clear. He appreciated everyone being in attendance. Leonard Bell asked of Councilmember Rogers as to the State Legislature's position on the matter, and Councilmember Rogers felt the Legislature would initially deal with the financial perspective because of funds already expended, plus potential costs that might be incurred. She reiterated the need to be mindful of the Tribe's needs. Councilmember Munro asked Commissioner Doherty if there was a potential for the City and the County to proceed down parallel paths and whether discussions between the two entities would be advisable, comrmssioner Doherty indicated the County wants what is best for the community. Other activities have been taking place, with private conversations held as well. Armando Gonzales, a City resident, pointed out that those seated at the table are not officially involved with the State or the Tribe, and everyone must get into a constructive mode to solve the problem. He invited the public to a meeting scheduled for Monday, January 3, 6:00 p.m., at the Carpenter's Hall. Officials from the DOT will be present, and that is the forum for putting pressure on the State to make them accountable. Lorraine Ross, a former City Council member and realtor, read a letter to those present expressing the feeling that everyone must work together towards a solution. Ms. Ross expressed the opinion that continuation of the graving operation must be sought, as there was no guarantee with a move to another site that there wouldn't be another set of problems while, at the same time, the condition of the bridge continues to worsen. She proposed moving the recovery phase to the Elwha Reservation and then building a museum for exhumed artifacts, together with a sealed burial vault for the human remains. She further felt that, if the project is scuttled in Port Angeles, an unthirflcable precedent would be established for all waterfront property in the United States. Ms. Ross felt that compassion for the past and for the native friends should be exhibited, but that work on the graving yard should proceed if everyone were to work together. Tim Smith, Clallam County resident and former Economic Development Director for the City of Port Angeles, indicated he had a hand in bringing the situation curremly being grappled with to Port Angeles. Noting prior comments made, he felt this group should be prepared to return to where things were in August and September when the project started again. The State and Tribe had successful negotiations to provide resources for the acquisition of land for the Tribe for a reburial of the remains and for the establishment ora facility for the Tribe to share its past culture with the community. Mr. Smith indicated that, as the discoveries at the site expanded, it perhaps expanded the Tribe's need for land. He felt that, in order to bring the project back to Port Angeles and to move forward as a commuff~ty with our Tribal neighbors, something more precious than money must be comrmtted. Mr. Smith felt it will involve a commitment of land on the harbor for the Tribe, acknowledging it would be more difficult for the Port in terms of economic development and growth on the waterfront. However, he continued that the solution must include a land resource, whether privately or publicly owned, or a combination of both. He emphasized that the group at the table needs to understand the Tribe's interest in land, and there are many at the table aware of what the Tribe is imerested in obtaining. He felt that, hopefully, as meetmgs with -8- WORK SESSION: (Cunt'd) "Graving Dock" Project (Cont'd) CITY COUNCIL SPECIAL MEETING December 29, 2004 the Tribe proceed on the project moving forward, everyone will remain appropriately sensitive to the Tribe's needs. He was confident that there are workable options that can be pursued. Jessie Farmer, 113 N. Bayview Avenue, speaking on behalf of other community members, felt there needs to be an effort to maintain and improve the current culture through economic stability. Further, he expressed the opinion that there needs to be an effort to understand, honor, and revere every culture that is present, to include all prior cultures specifically related to the find that is significant to the Tribe. He agreed that the community hasn't had a voice in the situation and, up until a couple of weeks ago when the project was stopped, the community thought the project would happen. His group is attempting to raise the level ofcommUmty awareness about the issue, and Mr. Farmer indicated the group will continue to put pressure on those having discretion in seeing the project come to conclusion. He said the group is currently using space at the Carpenter's Hall; he shared his phone number and urged individuals to step forward to provide assistance and to write letters of support. Mayor Headrick advised everyone that Councilmember Rogers would be traveling to Washington, D.C., this coming week, and she has offered to be the courier to carry letters to the City's delegation regarding the graving yard issue. John Forde, 174 Hoare Road, referenced the proposal to get the Tribe and the State back to the table, feeling it is similar to a marriage whereby it cannot be successfi~l if one of the parties stonewalls the process. He expressed the opinion that someone needs to apologize to the Tribe for not giving them the necessary time for the further discovery of remaius. With respect to the time line and the $58 million spent, he felt the State couldn't walk away from the project and, further, if the Tribe were given the needed time, it wouldn't cost nearly as much as it would to move the project elsewhere. He urged everyone to get the Tribe and the State back to the table, and he noted the Tribe's stated willingness to talk afier the holidays. Randy Schuchgadt, a Clallam County resident, was present as part of the timber industry, representing between 20 and 150 direct jobs with the new mill and Industrial Park. He was concerned about long-term access to the waterfront, as well as transportation for finished products, and he encouraged the leadership to bring about effective change. Mr. Schuchgadt felt that, based on his experience with transportation departments, there is a tendency to bully and push people around. He felt this is what occurred with the Port in that the State came in and identified Port Angeles as the only location in the western United States where this project could be constructed. Now it is reported that other areas can be used, as evidenced by the State seeking proposals for other locations. Mr. Schuchgadt exhorted the group to work toward finding solutions for the community. Barfing the loss of the graving yard, he thought the idea to discuss the future of the waterfront merited further consideration, especially in terms of honoring the wishes of the Tribe and still meeting the needs of the community. Larry Doyle, 3109 City Lights Place, was hearing a consensus for everyone to work together to get the graving yard issues resolved. He was under the impression that ideas would be submitted at this meeting, and he has heard many previous suggestions to get the Tribe to allow the graving yard to be built and dedicated to the Tribal ancestors in terms of building bridges for the furore. In the meetings to be held, he suggested that theme might be workable. Secondly, he questioned to whom Secretary MacDonald answers, and he was told it is the Transportation Commission. Mr. Doyle felt it might behoove the City to attend their meetings to present the City's case to that Commission. Leslie Perrizo, Port Angeles resident, has read the newspaper and consequently has many questions with regard to the graving yard issue. She asked the Mayor to identify his goal, and Mayor Heackick responded it is to get the graving yard f'mished. Ms. 5517 5518 CITY COUNCIL SPECIAL MEETING December 29, 2004 WORK SESSION: (Cont'd) "Graving Dock" Project (Cont'd) Perrizo then asked Councilmember Rogers for clarification as to the City's meeting with the Department of Transportation. Councilmember Rogers explained it was evident that Secretary MacDonald had no appreciation of the impact of his decision on this community. Additionally, to attend a meeting one day and then find out the next that the decision was made to stop the project is sometlting that should have been conveyed to the City's delegation. Secondly, Secretary MacDonald misrepresented the Congressman as to Federal funding options. He then said that, if the project were stopped, fencing wouldn't be installed until mid-January; however, the fencing has been delivered and will be installed right away. Councilmember Rogers felt it is an issue of credibility with regard to an impasse that likely came about in September. She felt it was unfair to the Tribe for the State not to go back to the table. Ms. Perrizo expressed frustration with the fact that, between the Tribe and State, many people have worked behind the scenes and, because the community hasn't been kept informed, it would explain why people are so upset. Ms. Perrizo felt the dialogue should be kept open so that the community can trust that the City leaders are doing everything possible for the community. She questioned what would constitute the best format for future discussions, and Commissioner Doherty responded that the State has hired a skilled facilitator who is very effective; he felt the parties should be given as much latitude as possible, as he had faith in the facilitator. Ms. Perrizo suggested that the remains should be relocated to the Rayonier site for the purpose of making that site a museum and cultural center for the Tribe, with a possible convention center in partnership with the cormnunity. She urged compassion throughout. Larry Leonard clarified previous comments he made, and he felt that all citizens have power over the Department of Transportation, but they have no control over the Tribe. He did not intend for his comments to be perceived in a negative fashion. Mr. Leonard agreed that the consultants and the Department of Transportation did a poor job checking the property, and he maintained the City must meet with the DOT. Councilmember Rogers indicated the City and the Tribe have a signed agreement for economic development from three years ago and, in reliance on that agreement, she felt the two parties could be brought back to the table. She noted that a formal apology had been made to the Tribe when the first remains were discovered and, again, she felt the strength of the agreement would bring the parties together. Councilmember Williams thanked Mr. Leonard for the clarification provided. Ruth Hoham, 527 Peabody, thanked Frances Charles, the Lower Elwha Tribe, and the ancestors for forcing the residents to pause and reflect on the long-term vision for the City, the nation, and the planet. Mike Gentry, a County resident, congratulated the group for coming together for this discussion, but he felt it important to acknowledge that the Tribe is not present and is key to further discussions. He felt it reflected poorly on the State that discussions with the Tribe weren't continued. He stated that it could be argued that $58 million was spent to fred one of the most significant archeological finds in the nation. In reviewing those present at the table and the positions of their organizations, as well as the residents speaking today, Mr. Gentry felt many are willing to take the personal responsibility to fred a solution. He felt the individuals having credibility with the Tribe will be respected in terms of futore discussions, and he noted the importance of healing in the community. Mayor Headrick informed those present that the Tribe's absence does not mean they are not interested in the issue at hand but, rather, they have agreed to meet with the City privately. Dick Smith, a Port Angeles resident, felt he had not heard anything specific as to a resolution to the problem. In addition, he expressed the desire to see the Council ask Congressman Dicks to make it known to the mediator that the City wants the graving yard retained in Port Angeles. Mayor Headrick indicated it is very clear that Port Angeles wants the graving yard kept here, and Mr. Luce clarified that the focus is to - 10- CITY COUNCIL SPECIAL MEETING 5519 December 29, 2004 WORK SESSION: (Cont'd) "Graving Dock" Project (Cont'd) ADJOURNNIENT: keep the graving yard in Port Angeles. He added that Congressman Dicks would like to hear any and all ideas for solutions in the mediation process. Andrew May, President of the Port Angeles Business Association and Vice President of the Port Angeles Downtown Association, felt that all too many feel that keeping the graving yard in Port Angeles is a panacea and, if it isn't retained, then the City is doomed. Mr. May, to the contrary, felt there is much good in Port Angeles in terms of assets, history, and quality of life. He felt there are numerous ways to prosper, and he asked that the community not consider itself doomed. Jerry Lamb, a lifetime resident on the Peninsula, attended this meeting with the hope of hearing solutions. He expressed a love for the Indian Nation, as they have been a part of his life for many years. He expressed respect for the Governor for choosing respect over money, as there is always another way. Mr. Lamb talked to the Superintendent of Kiewitt Construction regarding the possibility of levitating the pontoons onto a barge. He felt there is hope, but the community cannot be divided by blaming the Tribe. He felt a solution must be identified that is creative and innovative. Plans that make sense must be identified while, at the same time, the Tribe must be respected. Compromise is key to the issue, and anyone having an idea as to a solution should step forward. Mayor Schubert inquired as to Mr. Lamb's solution, which Mr. Lamb responded had to do with developing a track system, building the pontoons on dry ground, and moving them via the track to a barge. He felt the west side of Rayonier could meet that purpose. He further explained this proposed solution, expressing the opinion that the burial grounds should be left alone. Holly Hilt, a lifetime resident of the commumty, felt that she had an intimate knowledge of the Tribal community. She addressed this specific situation and, referencing Mr. May's previous comments, noted there is a potential that she will lose her home. Additionally, her husband may have to leave town to find employment. She indicated she has asked the Tribe to identify their needs, and she acknowledged that the Tribe must have the time to finish digging the remains. Ms. Hilt felt that appropriate recognition had not been extended to the Tribe by the State Department of Transportation. She added that, if her family is forced to leave the community, the School District will lose money that is badly needed. Ms. Hilt and Mr. May conducted a brief exchange as to their positions on the matter. Councilmember Williams thanked the members of the community for attending the meeting today. Mr. Gonzales returned to the podium, pointing out that everyone has different ideas as to the solution, including the leadership present today. He reminded the members of the City Council that they are responsible for representing the majority opinion as it proceeds. Manager Quiun felt there was opportunity for a solution to be brought forward, and he felt the same reasons the State originally chose Port Angeles for the graving yard are just as valid tomorrow. He added that this project will result in an infrastructure asset that can be used for many of the other upcoming projects, so the taxpayers would get a return on their investment. The meeting was adjourned at 3:25 p.m. Richard A. Headrick, Mayor B~cky JTljpto~'~tL~erk -11- THIS PAGE INTENTIONALLY LEFT BLANK