HomeMy WebLinkAboutMinutes 03/03/2015 CITY COUNCIL MEETING
Port Angeles, Washington
March 3, 2015
CALL TO ORDER SPECIAL MEETING:
Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:00 p.m.
ROLL CALL:
Members Present: Mayor Di Guilio,Deputy Mayor Downie,Councilmembers Collins,Gase,Kidd and Whetham.
Members Absent: Councilmember Bruch recused herself from Executive Session due to her employment with the
Lower Elwha Klallam Tribe.
Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,B. Olson, and N. West.
EXECUTIVE SESSION:
Based on input from Attorney Bloor,Mayor Di Guilio announced the need for an Executive Session,under the
authority of RCW 42.30.110(1)(i) for the purpose of discussing potential litigation with legal counsel, for
approximately 45 minutes. The Executive Session convened at 5:04 p.m.
RETURN TO OPEN SESSION:
The Executive Session concluded at 5:43 p.m.No action was taken.
ADJOURNMENT:
Mayor Di Guilio adjourned the Special Meeting at 5:44 p.m.
CALL TO ORDER-REGULAR MEETING:
Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL:
Members Present: Mayor Di Guilio,Deputy Mayor Downie,Councilmembers Bruch,Collins,Gase,Kidd and
W hetham.
Members Absent: None.
Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,B. Olson, C. Fulton,N.West,T.
Gallagher,K. Dubuc,C.Delikat, A. Fountain,B. Smith and R. Hostetler.
PLEDGE OF ALLEGIANCE:
Mayor Di Guilio led the Pledge of Allegiance to the Flag
CEREMONIAL MATTERS PROCLAMATIONS & EMPLOYEE RECOGNITIONS
1. Lauridsen Bridge Design Award
Craig Fulton,Director of Public Works and Utilities,recognized retired Public Works Director Glenn Cutler,City
staff including Jim Mahlum,and partner consultant, Exeltech Consulting,Inc. (Exeltech), for winning the Best in
State Silver Award for the Lauridsen Boulevard Bridge Replacement Project. The American Council of Engineering
Companies(ACEC)-Washington recognized the City and consultant finn,Exeltech Consulting,Inc. (Exeltech),
with this award for originality and innovation in designing and executing the project.
Director Fulton applauded not only the design of the bridge,but the 80%funding Exeltech secured from the State
for the project. Karen Rogers and Santosh Kuruvilla of Exeltech presented the award to Mayor Di Guilio.
PORT ANGELES CITY COUNCIL MEETING—March 3, 2015
PUBLIC COMMENT:
Dale Wilson urged Council to reconsider the City's current ambulance contract and shared his own experience with
Medic One and Olympic Ambulance.He told Council that it makes no sense to have taxpayers pay a monthly fee to
the Medic One utility and then be charged$800 to$1200 by a for-profit ambulance company to make a transport to
Olympic Medical Center.
Melvina Worman,226 West 4"i,agreed with Mr. Wilson's comments. She further asked Council to repair potholes
in the alley between Fourth and Fifth Streets,near Safeway.
Peter Ripley, 114 East 6`1'Street Apt. 102,congratulated Council on the City's plan for the utility billing cycle that
includes an 8-day grace period.
Edna Willadsen, 1719 E. Lambert Lane,requested Council to take a stand against the electromagnetic warfare
training proposed by the United States Navy.
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City
Manazer or Councilmember- Councilmember Whetham inquired about the current status of the Morse Creek
timber appraisal. Director Fulton said the Council and the Utility Advisory Committee would be given information
on the appraisal as soon as it's available.
CONSENT AGENDA:
Council discussion followed.
It was moved by Gase and seconded by Kidd to approve the Consent Agenda to include:
1. Expenditure Approval List: 21712015 to 212012015 for°$2,101,789.65
2. Parks,Recreation&Beautification Commission/Appointment
3. Vehicle Purchase:Police Sedan from the City of Oak Harbor/Approve purchase
4. Amendment No.4 to Professional Services Agreement with CH2M Hill Engineers,Inc./Approve and
authorize the City Manager to sign Amendment No. 4 to the Professional Services Agreement with CH2M
Hill Engineers,Inc. PSA 2013-06 in an amount not to exceed$25,000 for an amended contract total of
$49,999.00 and to make minor modifications i_f necessary
Motion carried 7-0.
OTHER CONSIDERATIONS:
1. IBEW Collective Bargaining Agreement
Abbi Fountain,Human Resources Manager,briefed the Council on the collective bargaining agreement with the
International Brotherhood of Electrical Workers(IBEW)Local#997. She recommended that Council approve the
terms of the IBEW agreement which includes a one year contract extension and a 2%cost of living adjustment to be
effective January 1,2015. Council discussion followed.
It was moved by Collins and seconded by Kidd to:
Approve the terms of the IBEW Collective Bargaining Agreement extension and cost of living adjustment.
Motion carried 7-0.
FINANCE:
1. Equipment Purchase: Street Sweeper Replacement
Director Fulton briefed Council of the City's current street sweeper equipment and the need for a new street sweeper
with the ability to collect debris. Council discussion followed.
It was moved by Kidd and seconded by Gase to:
Approve and authorize the City Manager to purchase an Elgin Street Sweeper through a Washington State contract
from Owen Equipment of Kent,Washington for an amount not to exceed$205,000, including applicable taxes and
licensing,and to make minor modifications to the purchase contract if necessary.
Motion carried 7-0.
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PORT ANGELES CITY COUNCIL MEETING—March 3, 2015
PUBLIC HEARINGS—OTHER:
1. Ordinance Proposing to Ban Fireworks
Fire Chief Ken Dubuc stated that several months ago a citizen group carne forward requesting Council adopt a
fireworks ban within City limits.At the direction of Council, staff drafted an ordinance proposing to ban fireworks.
The first reading of the ordinance was on February 17,2015 and drew a number of public continents both pro and
con. Chief Dubuc told Council that staff believes the ordinance will eventually result in a reduction of the incidence
of fireworks-related fires,injuries and complaints within the City. He recommended approval of the ordinance.
Mayor Di Guilio opened the Public Hearing at 6:38 p.m.
Cindy Turney, 530 West Eight Street,said she appreciates all the young people who've come forward to share their
opinion on fireworks and she urged them to come to more Council meetings.
Sandy Royaltey, 526 East Eleventh Street,said she is a proud American and spoke in favor of a ban. She listed
many cities where she has spent Fourth of July,but said she has never experienced anything like what happens in
Port Angeles. She asked that Council not allow high-density City areas to be turned into"war zones"on the Fourth
of July.
Sheldon Koehler,217 South Laurel Street,said he lives in a neighborhood that surrounds him with enthusiastic
fireworks every year,but that he is against a ban. He said the system is already over-burdened and that meager
monetary funds should be spent on more pressing problems such as drugs.He suggested asking tribes to stop selling
illegal fireworks,increased public outreach and education,and more officers on duty to prosecute abusers.
Michelle Scouten,503 West Seventh Street,spoke in favor of a ban. She said her recent Fourth of July experiences
have included a nonstop,constant barrage of noise,and fear that her windows would shatter. She said fireworks are
out of control and used without consideration of neighbors.
Les Carnahan, 1028 East Seventh Street,spoke in favor of a comprehensive and enforceable ban on fireworks. He
said that patriotism should be expressed in ways that do not terrify and do not require explosion of mortars,animals
to cower,and veterans to re-live horrors of the battlefield.He showed remains of a bottle rocket found in his son's
windshield last Fourth of July and asked Council to imagine the damage it could have done if it had struck a child.
Jeff Miller,405 South Jones Street,spoke against a ban and said he does not believe that banning the personal use of
fireworks will help veterans who experience Post Traumatic Stress Disorder.He said the fireworks issue is creating
divisiveness. He urged pet owners to take preventative actions to help pets during the holiday. He said that he
doesn't believe a ban will be effective and says that comparing a ban in Spokane to one in Port Angeles is illogical.
He asked Council to look at the cities of Lacey and Port Townsend where bans are less successful,and he urged
Council not to adopt a ban.
Phil Lumpker,211 North Vine,said he was speaking on his children's behalf and asked Council not to enact a ban.
He noted that a ban in Port Angeles will increase the use of fireworks in the County where there are more trees,
more dry areas and risk of fire.He said he wants his children to be able to enjoy fireworks.He questions what good
a ban will do for those people who use illegal fireworks.
Robert Briggs,728 West Sixth Street,spoke against a ban and noted that he is a veteran of Vietnam War. He said
that he is not in favor of the use of illegal fireworks,but the City faces a challenge because the fireworks ban as
proposed will cost the City tourism dollars, income for local charities,as well as peace and quiet.He urged Council
to reject a total ban and instead look at alternatives.
David Amoroso,214 South Laurel, spoke against a ban and asked Council to look at alternatives such as volunteers
to support the Fire and Police Departments.
Deborah Hudson,Jamestown Sklallam Tribal member,said fireworks have been a part of her Fourth of July
celebrations for many years. She said she's against a total ban and asked Council to look at alternatives.
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PORT ANGELES CITY COUNCIL MEETING—March 3, 2015
Eloise Kailin said her advocacy group,HardWired for Safety,believes the proposed fireworks ordinance is
insufficient due in part to provisions under the State Fireworks Law which postpones application of a ban for a year
after passage. She asked Council to adopt the ordinance under declaration of an emergency. She said it's unfair to
have one group pushing harm on another.
Matt McCormack,Federal Way, spoke against a ban. He said Port Angels has a ban on fireworks 364 days a year
and that there are still fireworks during many of those days. He asked Council to consider the stress a ban will put on
the Police force.He further stated that 911 calls will increase due to a ban and that it will take away dollars from
area nonprofits.
Karen Gower,American Promotional Events,spoke against a ban. She referenced a chart prepared by the State Fire
Marshal's office. She said Port Townsend and Lacey's bans are ineffective. She said that firework remnants that
have been shown to Council by citizens are illegal and that a ban will have no effect on those devices. She
encouraged enforcement and education.
Melinda Angevine spoke against a ban. She said that her nonprofit is able to raise money in a just a 5 day time
period by selling legal fireworks. She encouraged Council to think about other aspects of a ban including slower
response time to fires in the County.
Sandy McCormick spoke about her negative experiences with fireworks including a neighbor's smoke bomb that got
so bad she called the Police and a roof that caught fire. More recently she said she had to make a bunker because she
was afraid her windows would shatter.
Margot Conway, 124 West Thirteenth Street,spoke against a ban,saying that a ban on fireworks is meaningless
because the law is not enforceable. She said if the City is unable to enforce laws it already has,then a ban won't
change anything.
Tom Eshom, 1011 Grant Avenue,spoke against a ban.Mr. Eshom said his family has a Fourth of July celebration
with 100+people each year.He said that a ban will promote the use of more illegal fireworks.He asked how much
money the City will lose in tax revenue if it implements a ban.
Harriet Angulow,2133 Driftwood,said she supports a consumer ban on fireworks,noting that this summer Port
Angeles will probably face a water shortage that could be problematic if there are fires. She said patriotism can be
celebrated in many ways and that people can donate to charities without buying fireworks.
Betty Longshore, 1114 West Sixteenth Street,says her neighborhood is a war zone on the Fourth of July because of
illegal fireworks. She said she was in favor of a ban,but is sad that consumer fireworks would not be part of Fourth
of July. She suggested Council could work with tribes to find a place on the reservation for people to set off
fireworks that they buy there.
Jan Butler, 1310 South I Street,spoke in favor of a ban. She said too much focus is being placed on the Natives and
fireworks sales on reservations. She said her committee has provided examples of many cities that are successfully
implementing bans. She offered Council a handout that outlined ideas for ways nonprofits can raise funds other than
through firework sales. She said huge firework displays are happening in neighborhoods around the city without the
public safety requirements that pyro-technicians have for the City display. She said the ban is not about money or
patriotism. She spoke about her many negative experiences, including the loss of a pet,due to fireworks and said
that her family will be forced to flee their home on Fourth of July. She urged Council to adopt ban.
Loni Butcher Smith,2330 Samara Place,said she's seen an escalating use of fireworks over the past two years in
Port Angeles. She's endured the noise,smoke,explosions,dog's nonstop barking,neighbors being forced to leave
their homes for the holiday,to board pets,and clean up debris. She said fireworks have a far reaching impact and are
dangerous to people,pets and property. She urged Council to vote for a ban.
Carol Turner, 1609 West Eleventh Street,disputed the argument that only illegal fireworks are the problem. She said
many"safe and sane" fireworks are not much different than illegal fireworks,and that the nature of these devices is
that they can create great damage. She said that a full fireworks ban makes all the laws much easier to enforce.
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PORT ANGELES CITY COUNCIL MEETING—March 3,2015
Chris Leonard spoke against a ban because he said he doesn't believe it's enforceable.
Robert Nevaril spoke in favor of a ban and cited State RCWs and City Municipal Code concerning noise.
James Cushman, 1114 Madrona Street,said our climate has changed to the point that May and June receive about
half the rain fall that they did in the `60s which means that the area is drying out by July 4"'. He lives near a wooded
area and said he would hate for fireworks to set that area on fire.
Lisa Del Guzzi,4016 Old Mill Road,spoke against a ban. She said that most people who are upset about fireworks
live on the West side of town and she requested that Police patrol more on that side of town. Mrs.Del Guzzi said she
rents to TNT Fireworks and that they are great tenants that bring economic growth to the City.
Mayor Di Guilio closed the Public Hearing at 8:23 p.m.
Mayor Di Guilio conducted a first reading of the ordinance by title,entitled,
ORDINANCE NO. #3530
AN ORDINANCE of the City of Port Angeles,Washington repealing Chapter 5.32 of Title 5 and adding a new
Chapter 9.20 to Title 9 of the Port Angeles Municipal Code regarding the use of fireworks in City limits.
It was moved by Collins and seconded by Bruch to:
Approve ordinance as read.
Council discussion followed.
Motion carried 4-3,with Whetham,Downie and Gase opposed.
Mayor Di Guilio recessed the meeting for a break at 8:50 p.m. The meeting reconvened at 9:05 p.m.
ORDINANCES NOT REQUIRING PUBLIC HEARINGS:
1. Ordinance to amend Utility Billing Cycle
Rick Hostetler,Customer Service Manager,conducted a PowerPoint presentation on a proposed grace period in the
utility billing cycle. Council discussion followed.
Mayor Di Guilio conducted a first reading of the ordinance by title,entitled,
ORDINANCE#3531
An ordinance of the city of Port Angeles,Washington,making changes to Chapter 3.64 and 13.16 of the Port
Angeles Municipal Code relating to utility billing.
Mayor Di Guilio continued the Public Hearing to March 17,2015.
OTHER CONSIDERATIONS CONTINUED:
2. Integral/Cascadia Amendments
City Attorney Bill Bloor spoke about the Department of Ecology's study on the Harbor Cleanup process.
He said the City has retained Rod Brown and his law firm,Cascadia Law,to provide advice on environmental legal
issues,including issues related to the former Rayonier Paper Mill site and the City's role as a potentially liable party
(PLP) in regard to the western harbor cleanup. The City also contracted with Integral Consulting to provide
technical expertise in connection with the western harbor cleanup process.The proposed contract amendments
authorize additional work and compensation necessary to position the City for the allocation process. He said most
of the fees will be paid by the City's insurance company.
Councilmember Bruch recused herself from the vote due to her employment with the Lower Elwha Klallam Tribe.
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PORT ANGELES CITY COUNCIL MEETING—March 3, 2015
It was moved by Downie and seconded by Gase to:
Authorize the City Manager to enter into the attached second amendment to the agreement with Cascadia Law and
the fourth amendment to the Professional Services Agreement with Integral Consulting,Inc.,and to make minor
modifications to the agreements,if necessary.
Motion carried 6-0,with Bruch abstaining.
FINANCE CONTINUED:
2. Lodging Tax Event Grant Awards
Nathan West,Director of Community and Economic Development,told Council that the Lodging Tax Advisory
Committee considered seventeen event grant applications for Lodging Tax Funding.The Committee has forwarded
a recommendation to Council for consideration. Council discussion followed.
It was moved by Gase and seconded by Kidd to:
Award 2015 event grants and authorize the City Manager to execute Lodging Tax Event Grant contracts.
Motion carried 7-0.
3. Network Security Firewall Appliances Purchase
Chief Financial Officer Byron Olson told Council that in ongoing efforts to maintain the City's IT systems,staff is
continuously upgrading security. He said the current network security Frewall appliances have reached their current
capacity,and to enable the City to have more secure communications,an additional Firewall layer is needed.
It was moved by Downie and seconded by Collins to:
Authorize the purchase of two new security Frewall appliances with security modules from Presidio Network
Solutions Group for$29,302.28, including taxes,utilizing Washington State Contract(WSCA)pricing and vendor.
Move forward with the purchase of network security engineering services from our sole source provider,Northpoint
Consulting,at a cost of$175/hr not to exceed$15,000 to install,configure and program new firewalls and
reconfigure the existing security infrastructure.
Motion carried 7-0.
CITY COUNCIL REPORTS:
Councilmember Gase said he has been rotating through different City departments to learn about what each does,
and that had an enjoyable couple of hours today with the Legal Department. He said that Assistant Attorney Heidi
Greenwood took him to District Court.
Councilmember Kidd said she will attend the Department of Natural Resources Board Meeting on March 10`x'where
she will give public testimony.
Councilmember Bruch reported that the Peninsula Development District and North Olympic Peninsula Resource and
Conservation Council have merged.They are now the North Olympic Development Council and include cities of
Port Townsend, Sequim, Clallam County,Jefferson County,the two ports and tribes.
Councilmember Collins said he is continuing to work with the Economic Development Council and along with
Director West has asked for a presentation on the transition of the organization. He recently attended the Association
of Washington Cities legislative conference with Councilmembers Kidd and Gase where one of the highlights was
Manager McKeen's meeting with the State Budget Officer.
No other reports were given.
INFORMATION:
City Manager McKeen informed Council that there are several reports in their packet and spoke about staff's
recommendation that Mayor Di Guilio disband the Parks&Recreation Oversight Committee.
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PORT ANGELES CITY COUNCIL MEETING—March 3, 2015
Corey Delikat,Director of Parks&Recreation,informed Council that the City had been awarded a Federal B-I-G
TIER II Grant that will help replace the City Pier Floats. It is a Boating Infrastructure Grant.He said this is a
nationally competitive grant and is a 75-25%match.The City's project was funded in the amount of$269,000. The
City's 25%match will be funded by Real Estate Excise Tax in the amount$96,000 since it's a onetime purchase.
The total cost of the project is estimated at around$365,000
EXECUTIVE SESSION: It was determined there was no need for an executive session.
ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 9:48 p.m.
Dan Di Guilio,Mayor ._ ennifer Veneklase' ,City Clerk
i
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