HomeMy WebLinkAboutMinutes 09/06/2016 CITY COUNCIL MEETING
Port Angeles, Washington
September 6, 2016
CALL TO ORDER SPECIAL MEETING:
Mayor Downie called the special meeting of the Port Angeles City Council to order at 5:04 p.m.
ROLL CALL:
Members Present: Mayor Downie,Deputy Mayor Kidd,Councilmembers Bruch,Collins,Gase, Merideth and
Whetham.
Members Absent: None.
Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen, C. Fulton, B.Olson,and N.West
EXECUTIVE SESSION:
Based on input from Attorney Bloor, Mayor Downie announced the need for an Executive Session under authority
of RCW 42.30.110(1)(i)to discuss potential litigation with legal counsel, RCW 42.30.110(1)(b)to consider the
acquisition of real estate,and RCW 43.30.140 to discuss collective bargaining with an employee organization,
including contract negotiation, for approximately 50 minutes.
The Executive Session convened at 5:05 p.m.
RETURN TO OPEN SESSION:
The Executive Session concluded at 5:55 p.m.No action was taken.
ADJOURNMENT:
Mayor Downie adjourned the Special Meeting at 5:55 p.m.
CALL TO ORDER-REGULAR MEETING:
Mayor Downie called the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL:
Members Present: Mayor Downie, Deputy Mayor Kidd, Councilmembers Bruch, Collins, Gase, Merideth and
Whetham.
Members Absent: None.
Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,C.Delikat, K.Dubuc,C.Fulton,B. Smith,
B. Olson, N. West, and A. Fountain. Several members of the Port Angeles Police and Fire Departments were in
attendance.
PLEDGE OF ALLEGIANCE:
Councilmember Gase led the Pledge of Allegiance to the Flag.
CEREMONIAL MATTERS PROCLAMATIONS&EMPLOYEE RECOGNITIONS
1. United Way 2016 Campaign and Day of Caring
Mayor Downie read the proclamation on behalf of the City Council in recognition of the United Way of Clallam
County's 2016 Campaign and Day of Caring.Mayor Downie said the United Way is dedicated to enhancing the ability
of the people to live safe,healthy and productive lives, and he aged all citizens to support United Way in achieving
its mission.
United Way members Steve Methner, Courtney Buchanan, Sara Dutrow, and Tina Smith-O'Hara, and United Way
CEO Donald Skinner and Resource Development Manager Christy Smith accepted the proclamation.
PORT ANGELES CITY COUNCIL MEETING—September 6,2016
2. Recognition of Newly Appointed Police Chief Brian Smith
City Manager Dan McKeen spoke about the extensive hiring process that led to the promotion of Brian Smith as the
new Chief of the Port Angeles Police Department. Manager McKeen said that one of the most important things the
City can do is to promote the right people, and that he was confident Chief Smith would do an outstanding job. He
invited Chief Smith's wife,Kristin,and daughter,Courtney,to be recognized as well.Mayor Downie welcomed Chief
Smith on behalf of the City Council.
Community members Alan Barnard and Angie Gooding each spoke about why they felt Smith's dedication,
knowledge, and integrity made him the right person to serve as Chief of the Police Department.
Mayor Downie recessed the meeting for a break at 6:22 p.m. The meeting reconvened at 6:38 p.m.
PUBLIC HEARINGS:
1. Medic I Ambulance Transport Rate Adjustment
Fire Chief Ken Dubuc presented a proposal to adjust ambulance transport rates. He said that the proposal was based
upon a review of current ambulance transport rates—comparing the City's rates against other prevailing transport
rates in the area. Chief Dubuc noted that the proposed rate adjustments would not affect City residents or business
owners within the City who pay a monthly Medic 1 fee.Council discussion followed.
Mayor Downie opened the public hearing at 6:47 p.m.
Marolee Smith,P.O.Box 2498,said that her insurance would still be dinged by ambulance transport services,and that
her costs would be completely out out-of-pocket because she has a$6,000 deductible.
Manager McKeen offered a clarification,saying that there is no out-of-pocket expense for anyone who does not have
insurance,is under-insured or is responsible for the first$6,000,if they are a City resident or business owner.
Mayor Downie continued the public hearing to September 20,2016.
Mayor Downie conducted a first reading of the ordinance by title,entitled,
ORDINANCE NO.3557
AN ORDINANCE of the City of Port Angeles,Washington revising Chapter 3.70 of the Port Angeles Municipal Code
relating to Medic I charges.
PUBLIC COMMENT:
Amy Miller, 1507 East Lauridsen Boulevard, shared about the recent Overdose Awareness Event and further talked
about community members who struggle with addiction.
Crystal Tack, 344 House Road, Sequim,thanked Mayor Downie for changing his vote on fluoride, but said that she
was disappointed that fluoride was going to be voted on again.
Rachel Sebastian,70 Bolster Way, Sequim, spoke about her health struggles which she partly attributed to fluoride.
Michael Cyr,925 East Ninth Street,thanked Council for its consideration of IBEW Local 997's contract proposal.
David Mabrey, 1014 Georgianna Street, spoke about Delta Dental's work in the local communities. He presented a
$5,000 check from Delta Dental in honor of Quinn Kitner for ADA accessibility at Georgianna Park.He also thanked
Councilmember Dan Gase for his$1000 contribution and said the project is within$3,500 of being fully funded.
Marolee Smith, P.O. Box 2498,asked Council to overturn the Council Rules of Procedure in its entirety.
Mary Budke, 132 Sunset Place in Sequim, Executive Director of Boys & Girls Club, asked Council to approve the
facility use agreement with the B&G Club to use the Vern Burton Gymnasium.
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PORT ANGELES CITY COUNCIL MEETING—September 6,2016
Janet Young, 1331 West Sixth, let Council know about the upcoming Port Angeles Senior Center's Harvest Dinner.
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Maria_aer
or Comicilinember- At the request of Cowicilmember Kidd,Council agreed by consensus to add the Council Rules
of Procedure as item I2 on the agenda. At the request of Councilmember Whetham,Council agreed by consensus to
add a discussion concerning the ethics code and ethics ordinance to a future agenda.
CONSENT AGENDA:
Parks&Recreation Director Corey Delikat noted a clarification on Item 3,that the agreement was for facility use.
It was moved by Gase and seconded by Bruch to approve the Consent Agenda as corrected on item 3 to include:
1. City Council Minutes:August 16, 2016
2. Expenditure Report:From August 6, 2016 through August 26, 2016 ill the auiouut of$3,919,987.09
3. Facility Use Agreement with the Olympic Peninsula Boys&Girls Club
4. Intergovernmental Agreement for Telecommunication Response Team Deployments
5. Administrative Corrections to Agreement Between the City of Port Angeles and Jeffcom 9-1-1
6. Vehicle Purchase—Light Operations 4x4 Utility Truck
7. Vehicle Purchase—Parks&Recreation 3/4T Pick-Up Truck
8. Vehicle Purchase—Parks&Recreation Bucket Truck
9. Equipment Purchase—60 KW Portable Generator(Landfill)
Motion carried 7-0.
ORDINANCES NOT REQUIRING PUBLIC HEARINGS:
1. 2016 Budget Amendment#2
Chief Financial Officer Byron Olsen reminded Council that the budget amendment proposes to use reserves, and
therefore requires five affirmative votes to pass.
Mayor Downie conducted a second reading of the ordinance by title,entitled,
ORDINANCE NO.3556
AN ORDINANCE of the City of Port Angeles, Washington amending the 2016 budget and funds.
It was moved by Collins and seconded by Gase to:
Adopt the ordinance as read.
Motion carried 7-0.
RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS:
1. Transfer of Engine No.5 to Volunteer Association
Chief Dubuc spoke about the transfer of Engine#5, a 1954 Seagrave fire engine that is no longer able to be used by
the Fire Department. He said that based on Council direction, the Fire Department identified a community group
willing to take possession of the engine. The proposed resolution would transfer the engine to the Port Angeles
Firefighters Association, a division of the Port Angeles Fire Department Auxiliary. He said the Association would
take possession of"Sparky"and make it available to the Fire Department for Operation Candy Cane which donates
thousands of pounds of food to the Port Angeles Food Bank each year.Council discussion followed.
Mayor Downie read the resolution by title,entitled,
RESOLUTION NO.07-16
A RESOLUTION of the City Council of the City of Port Angeles, Washington,transferring title of a 1954 Seagrave
fire engine known as Engine No. 5 to the Port Angeles Fire Department Auxiliary a non-profit corporation.
It was moved by Collins and seconded by Whetham to:
Approve the resolution as read, with a change to condition Number 3, which would read "the Port Angeles Fire
Department Auxiliary will provide the City of Port Angeles with a buy back for$1 if at any time in the future the
Auxiliary decides to relinquish ownership of the vehicle."
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PORT ANGELES CITY COUNCIL MEETING—September 6,2016
Motion carried 7-0.
2. Amendment to City's Personnel Policy& Procedures Manual
Hunan Resources Manager Abbigail Fountain said the proposed resolution is to amend the City's Personnel Policy
& Procedures Manual, specifically Chapter 4—Personnel Actions, which would allow the City Manager to convert
accrued paid leave balances to the appropriate leave benefit specified in the union collective bargaining agreement or
management,administrative,and non-represented personnel benefit program.Council discussion followed.
Mayor Downie read the resolution by title,entitled,
RESOLUTION NO.08-16
A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the Personnel Policy and
Procedures Manual by amending Chapter 4—Personnel Actions.
It was moved by Gase and seconded by Bruch to:
Approve resolution as read.
Motion carried 7-0.
OTHER CONSIDERATIONS:
1. Boards of Ethics Recommendations
Deputy Mayor Kidd recused herself and exited the Chambers.
Manager McKeen gave a brief background, saying that since February there have been four ethics complaints filed
against City Councilmembers. He said that as outlined in Chapter 2.78 of the Port Angeles Municipal Code,Council
appointed 3-member boards to review and make recommendations for disposition of the complaints.Council opted to
wait until all four complaints had been reviewed before considering any action. Boards 1 and 2 submitted written
findings and recommendations; complaints 3 and 4 were withdrawn. Manager McKeen said Council's role is to now
decide what,if any,action they would like to take. Council discussion followed.
Council agreed by consensus to first discuss the recommendations of Board of Ethics 2.
Councihnember Gase recused himself and exited the Chambers.
It was moved by Bruch and seconded by Whetham to:
Accept the recommendation of Board 2.
Motion carried 5-0.
Councilmember Gase returned to the Chambers.
Council discussed the recommendation of Board of Ethics 1.
Councilmember Whetham called for a Point of Order, saying that Councilmember Collins was disparaging other
Councilmembers by saying they violated the Open Public Meetings Act.Councilmember Collins spoke about why he
feels lie and other councilmembers violated the OPMA.
Council discussion continued.
It was moved by Bruch to:
Recommend that Council orally admonish Deputy Mayor Kidd.
Motion died for lack of a second.
It was moved by Whetham to:
Censure Councilmember Kidd.
Motion died for lack of a second.
Council discussion followed.
It was moved by Collins and seconded by Gase to:
Agree that abruptly adjourning meetings in controversial situations is not an appropriate first step.
Motion failed 3-3 with Bruch,Merideth and Whetham opposed.
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PORT ANGELES CITY COUNCIL MEETING—September 6,2016
Mayor Downie recessed the meeting for a break at 8:57 p.m.The meeting reconvened at 9:03 p.m.
Deputy Mayor Kidd returned to the Chambers.
Councilmember Whetham called for a Point of Order, asking that the Mayor make Council aware of his decision to
end discussion on item I-1 and invite Deputy Mayor Kidd to return to the Chambers. Mayor Downie said he did not
think the Council was going to reach any consensus on the item, but that the Council could return to Item I-1 after
other business was completed. Council agreed by consensus to continue the discussion on the recommendation of
Board of Ethics I before the second public comment section of the meeting.
2. Council Rules of Procedure
Deputy Mayor Kidd said she would like to withdraw her suggestion from the previous Council meeting when she
added three words—=nor use profanity"—to the Rules of Procedure.Councilmember Whetham said he would like his
concerns about the Rules of Procedure,including possible first amendment violations,to be reviewed by Council and
Attorney Bloor.Council discussion followed.Council agreed by consensus to take a comprehensive look at the Rules
of Procedure at a future meeting and invited Councilmember Whetham to share his concerns.
Councilmember Whetham said his concerns were that the following items prohibited in the Rules of Procedure could
be first amendment violations:
1. Irrelevant speech
2. Repetitious speech
3. Profanity
4. Signs in chambers
Manager McKeen said that staff would address those concerns in a memo and bring recommendations forward at the
September 201"or October 41'meeting.
It was moved by Councilmember Gase and seconded by Bruch to:
Accept Deputy Mayor Kidd's removal of three words"nor use profanity".
Motion carried 7-0.
Council agreed by consensus that the discussion on the Rules of Procedure should be held October 4.
CONTRACTS & PURCHASING
1. Property Purchase
Public Works and Utilities Director Craig Fulton offered background information on where the Light Operations
Division has been located. He said the Electric Utility has been working to purchase private property adjacent to the
Corp Yard for 8 years in order to relocate the Light Operations Division to a permanent location,and that recently the
property owner and the City have reached an agreement on the price of$350,000.Director Fulton outlined the benefits
and efficiencies that could be realized by purchasing the property.
It was moved by Collins and seconded by Gase to:
Approve the purchase of the Reid property in the amount of$350,000,plus negotiated closing costs.
Motion carried 7-0.
CITY COUNCIL REPORTS:
Councilmember Bruch said she would not be at the September 20°i meeting. She asked Attorney Bloor about a
possible sugar tax ordinance.Councilmember Bruch said she and Councilmember Gase had met with Clallam
County Health Officer Chris Frank to draft a statement regarding the removal of fluoride from the City's water. She
read the prepared statement and asked that it be discussed at the next Council meeting.
Councilmember Merideth gave an update on the TLAC(Trust Lands Advisory Committee)meeting. He said there
were a lot of people in the community with addiction problems. He asked that people keep the town cleaned up,and
properly dispose of wrappers,bottles,cans,cigarettes and needles.
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PORT ANGELES CITY COUNCIL MEETING—September 6,2016
Councilmember Gase attended ribbon cutting for the Early Head Start Care Center on Francis Street. He said the
group Our Town organized a meal in order to help out recently when the Salvation Army was closed. He attended
the Farmers Market with Councilmember Collins and met a lot of new residents.
Councilmember Collins said he will be representing Clallam Transit at the State Transit Conference in Wenatchee
on September 20°i and will try to be to the Council meeting by 6 p.m.
Mayor Downie reported that he attended the CRTC(Composites Recycling&Technology Center)ribbon cutting,
and that he was recently interviewed by KOMO News and the Seattle Times to speak about Port Angeles. Mayor
Downie said he will again be a judge at the Esquimalt Ribfest.
No other reports were given.
INFORMATION:
Director Delikat provided a verbal report on the Civic Field Lighting replacement project,noting that the project was
complete and that on September 2nd the first football game was held at Civic Field with the new lights in place.
Manager McKeen spoke to Council, letting them know that over the past few months, staff has had difficulty
determining if there is a consensus amongst Council on issues raised for staff by the Council. He noted that it takes a
majority of Council to direct City resources, and suggested that going forward perhaps the best way to determine if
there is a consensus on an issue is through a show of hands.
Manager McKeen further spoke about the need to focus on priority issues and explained that two primary resources
that the Council has available to them in order to accomplish goals are money and stafftime.He said there are multiple,
large-impact projects and activities that the City is currently working through.He offered several examples including:
• Ongoing discussions with the National Park Service regarding the City's municipal and industrial water
supply
• That the City is one of multiple PLPs(Potentially Liable Parties)working with DOE(Department of Ecology)
on complicated Harbor Cleanup requirements
• The CSO project which is the largest Public Works project in the City's history, and the relocation of
municipal waste at the Landfill
• Day-to-day activities and an aggressive work plan
• The recent petition which proposes to change the form of city government
Manager McKeen asked Council to recognize that every time a new item is added to staff workload, it takes time
resources away for working on all of these big issues that have far-reaching impacts for citizens.
Manager McKeen went over action items from the evening's Council meeting:
1. A staff analysis of items of concern brought forward on the Council Rules of Procedure.
2. The fluoride statement brought forward by Councilmember Bruch and Gase which will be added to
September 20`t'agenda.
3. Clarify the conversion language adopted by Council in the Personnel Policies & Procedure Manual,
specifically the 25-75%provision.
Director Fulton gave a verbal report on the need for tree removals along Peabody Street.He said there are six beautiful
Sycamore trees, but unfortunately they were planted in the wrong place. He said the best solution is to remove the
trees because they present electrical safety hazards and the roots have destroyed the sidewalks making them no longer
ADA-compliant.
OTHER CONSIDERATIONS continued:
1. Boards of Ethics Recommendations Discussion Continued
Deputy Mayor Kidd exited the Chambers.
Mayor Downie recapped the previous discussion on the Board of Ethics 1 recommendation,and the fact that Council
did not reach consensus on the matter.
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PORT ANGELES CITY COUNCIL MEETING—September 6,2016
It was moved by Whetham and seconded by Bruch to:
Continue the meeting past 10:00 p.m.,not to extend past 10:30 p.m.
Motion carried 6-0.
It was moved by Whetham and seconded by Bruch to:
Reprimand Deputy Mayor Cherie Kidd in the ethics violation.
Council discussion followed.
Motion failed 4-2,with Whetham and Bruch in favor.
It was moved by Whetham and seconded by Bruch to:
Admonish Deputy Mayor Kidd for the ethics violation.
Bruch amended the motion to include that the admonishment would state: Ms. Kidd's actions in adjourning the
meeting violated section J of the ethics code in that those actions reflected discredit on the City Council and upon
herself as a public official,tended to bring the City into disrepute,and impaired the efficient and effective operation
of the Council meeting of February 2,2016.The maker of the motion accepted the amended motion.
Motion failed 4-2,with Whetham and Bruch in favor.
It was moved by Bruch and seconded by Merideth to:
Table the matter until first meeting in October.
Motion carried 4-2,with Collins and Gase opposed.
SECOND PUBLIC COMMENT:
Dale Wilson, Fourth Avenue, asked that the City take possession of 33 homes that the Peninsula Housing Authority
will discard at the landfill, and suggested that the houses could be used for local homeless citizens. He also spoke
against banning signs in the Council Chambers.
Theresa Adams, 105 West Ninth Street, said Mr. Collins insulted her sister-in-law over the fluoride issue and that
someone fi•om Mr.Gase's office attacked her brother by calling him homeless.
Marolee Smith,P.O. Box 2498, told Council that it was illegal for them to try to sway a vote that is scheduled to be
on a ballot.
David Maybrey, 1014 Georgianna Street, spoke about the need to replace vehicles before expensive repairs are
necessary,and he complimented Deputy Mayor Kidd for her work in the community.
Leanne Johnson, 1031 East Eighth Street, asked there be a handicap button installed for the door to the Chambers.
She also asked Council to take action on the ethics complaint against Ms. Kidd.
ADJOURNMENT:
It was moved by Kidd and seconded by Gase to:
Adjourn the meeting.
Motion carried 7-0.
Mayor Downie adjourned the meeting at 10:28 p.m.
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