HomeMy WebLinkAboutMinutes 11/15/2016 CITY COUNCIL MEETING
Port Angeles,Washington
November 15, 2016
CALL TO ORDER SPECIAL MEETING:
Deputy Mayor Kidd called the special meeting of the Port Angeles City Council to order at 5:19 p.m.
IN ATTENDANCE:
Members Present: Mayor Downie,Deputy Mayor Kidd,Councilmembers Bruch,Gase, Merideth and Whetharn.
Members Absent:COUncilmernber Collins.
Staff Present: Acting City Manager West, Attorney Bloor,Clerk Veneklasen, C. Fulton, B. Smith, A. Fountain, and
H.Greenwood.
EXECUTIVE SESSION:
Based on input from Attorney Bloor, Deputy Mayor Kidd announced the need for an Executive Session under
authority of RCW 42.30.110(1}('r'),to discuss potential litigation with legal counsel,and RCW 41AI40(4)to
discuss collective bargaining with an employee organization,including contract negotiations,for approximately 30
minutes.The Executive Session convened at 5:20 p.m.
RETURN TO OPEN SESSION:
The Executive Session concluded at 5:54 p.m.No action was taken.
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,Gase, Merideth and Whetham.
Members Absent: Councilmember Collins.
Staff Present: Acting City Manager West, Attorney Bloor, Clerk Veneklasen, C. Delikat, K. Dubuc, C. Fulton, J.
Viada, B.Olson,A. Fountain,and S.Carrizosa.
PLEDGE OF ALLEGIANCE:
Councilmember Bruch led the Pledge of Allegiance to the Flag.
PUBLIC COMMENT:
Doc Robinson, 1133 West Sixth Street, newly appointed Executive Director of Serenity House, spoke to Council
about Serenity House,calling it the most cost effective answer for homelessness.
David Maybrey, 1014 Georgianna Street,spoke about-Lincoln Street Project PA,"a new project he is spearheading.
Eloise Kailin, P.O. Box 2418,SeqUim,read from a written statement in favor of citizens deciding for themselves on
energy savings measures,and in favor of public comment being allowed at all committee meetings.She further spoke
against water fluoridation.
Taylor Jennings, 1034 West Fifth Street, spoke in favor of Council supporting the Standing Rock Sioux Tribe's
opposition to the construction of the Dakota Access Pipeline.
Marolee Smith,P.O.Box 2498, spoke in favor of the City hiring an animal control officer.
PORT ANGELES CITY COUNCIL MEETING—November 15,2016
Ed Chad,307 West Sixth Street,spoke on behalf of Olympic Climate Action group encouraging the Council to support
the Standing Rock Tribe's challenge of construction of the Dakota Access Pipeline.
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined bE QL1 Manager
or Councilmember-
Council agreed by consensus to add the following items to future agendas:
1. Animal control
2. Salary survey for non-represented staff
3. City financial auditor position
Councilniernber Gase requested that the discussion on the salary survey be postponed to sometime after December 6"'
due to the fact that he could not be in attendance at the December 61'meeting.
PUBLIC HEARINGS:
1. 2017 Budget Ordinance
Chief Financial Officer Byron Olson spoke about the process, saying there would be a brief presentation on the City
Manager's Recommended Budget for 2017, followed by a public hearing. Fie said the 2017 Recommended Budget
has been available for citizen review on-line. at the library, and through the City Clerk's Office since October 20,
2016. Budget Officer Sarina Carrizosa conducted a brief'presentation on the City Manager's Recommended Budget.
Council discussion followed.
Mayor Downie opened the public hearing at 6:49 p.m.
Donald Skinner,CEO of United Way of Clallam County.thanked Council for past hurnan services funding.He asked
that they consider funding for those who depend on United Way agencies.
David Maybey, 1014 Georgianna, spoke in favor of increasing taxes to pay for public safety services. He said he
favors a sales tax for the rransportation Benefit District as a better way to spread costs for road maintenance. Mr,
Maybrey asked questions about transformer costs, and he praised the City Manager for his 20-to 30-year vision in
crafting the City's budget.
Marolee Smith, PO Box 2498, asked what percentage of the budget goes toward the pension fund or to those who
have retired. She further asked about how new government accounting requirements would impact the City's budget.
CFO Olson explained how the different types of retirement funds are calculated,funded,contributed to and reflected
within funds,both for the City and State.
Mayor Downie continued the public hearing to December 6".
It was moved by Whetham and seconded by Bruch to:
Withhold $5,000 in funding from the EDC (Economic Development Council)and retain it in the Parks Department
for support of the Kids*Fishing Derby.
Council discussion followed.
Deputy Mayor Kidd Called for the Question.
Clerk Vencklasen restated the motion to:
Withhold $5,000 in funding from the EDC (Economic Development Council) and retain it in the Parks Department
for support of the Kids'Fishing Derby.
Councilmember Whetham amended the motion to:
Withhold $5,000 in funding from the EDC and retain it in the Parks department to be used for commercial kitchen
equipment.
The Seconder accepted the amendment to the motion.
Motion failed-5-1,with Whetham in favor.
Page 2 of 8
PORTANGELES CITY COUNCIL MEETING—November 15,2016
It was moved by Whetham and seconded by Merideth to:
Cut$5,000 from tire budget for the EDC.
Motion failed 4-2,with Whetham and Merideth in favor.
Mayor Downie conducted a first reading of the ordinance by title,entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, adopting the 2017 budget for the fiscal year ending
December 31,2017.
Mayor Downie continued the public hearing to December 6"'.
2. Ordinance Levying 2016 Property'rax for Collection in 2017
Budget Officer Carrizosa noted it would be the second public hearing and the second reading for the Ordinance
Levying 2016 Properly Tax for Collection in 2017.She said the total amount of prop taxes the City expects to
receive in 2017 will be$4,495,400 with a 1%increase estimated at$44,1001, (10 Olson said City of Port Angeles
must file the property tax levy with the County by,the end of November to allow the County time to process,it and
ensure collection in 2017.
Mayor Downie continued the public hearing at 7:31 p.m.
Marolee Sinith, P.O. Box 2498, asked if the 2017 proposed budget includes the levy. She also asked if there was
enough money in the City's budget to support an animal control officer.
Acting Manager West reminded everyone the format for Public Hearings allows an opportunity for comments to be
provided directly to the City Council.
Cou tic i)member Whetham called for a Point of Order,asking if budget matters require a supermajority vote of Council.
Cl'-*O Olson explained that when adopting a budget for the next year,a simple nukjority vote of Council is required. He
said ifthere there are subsequent amendments to the budget that contemplate taking money out of reserves, then it
requires a supermajority of Council to do so.CFO Olson further noted that spending of any new revenue requires a
simple majority vote,
David Maybrey, 1014 Georgianna Street,said he said he fully supports the tax,and asked Council to move ahead.
Mayor Downie closed the public hearing at 7:38 p.m.
Mayor Downie conducted a second reading of the ordinance by title,entitled,
ORDINANCE NO.3562
An ORDINANCE of the City of Port Angeles, Washington,levying regular ad valorem property, taxes for collection
in the fiscal year 2017, and directing the City Clerk to certify said amount to the Board of(Ilallam County
Commissioners.
It was moved by Bruch and seconded by Kidd to:
Adopt the ordinance as read.
Motion carried 6-0.
3. Parks&Rcereation Municipal Code Updates
Parks& Recreation Director Corey Delikat asked Council to conduct a second reading of the ordinances which the
Parks staffhas worked on for the past 6 to 8 months. He noted that Chapter 12 would allow vendors in City parks
through a permitting process much like the events approval process, lie said ordinance changes would take effect
January 1,2017.
100�1 Council discussion followed.
Page 3 of
PORT ANGELES CITY COUNCIL MEETING—November 15,X116
Mayor Downie conducted a second reading of the ordinances by title,entitled.
ORDINANCE NOs.3563,3564 and 3565
An ORDINANCE of the City of Port Angeles, Washington amending Chapters 2.32,2.48,3.70, 12.04, 1110, 12.12
and repealing Chapter 12.16 of the Port Angeles Municipal Code.
Mayor Downie opened the public hearing at 7:46 p.m.There being no public comment,the Mayor closed the public
hearing.
It was moved by Bruch and seconded by Whetharn to:
Adopt the ordinances as read.
Motion carried 6-0.
Mayor Downie recessed the meeting for a break at 7:47 p.m.The meeting reconvened at 8:00 p.m.
t,
Mayor Downie announced that there were technical difficulties with the audio recording equipment.,and therefore the
meeting would not be recorded in the usual fashion.
(Clerk's note: Peninsula Area Public Access(PAPA)members Dale Wilson and Edna Willadsen were in attendance
and video recording the meeting for broadcast on papaonline.tv. PAPA provided an audio recording to the City for
archival purposes and for public access.The audio is available through the City*s website.)
OTHER CONSIDERATIONS:
3. Support for Standing Rock Sioux Tribe's opposition to Dakota Access Pipeline
Councilmernber Bruch thanked Council for letting the item come forward for discussion. She said there have been
movements of support across the nation for the Standing Rock Sioux Tribe in North Dakota who are fighting the
location of a pipeline that would run through sacred lands. She said the Sioux Tribe is trying to protect its land and
water, and she asked the City Council to sign a resolution like the one signed by the City of Seattle supporting the
Tribe's opposition to the location of the pipeline. She noted that she'd emailed a copy of`Seattle's resolution to the
full Council with changes made to reflect City of Port Angeles. Council discussion followed.
It was moved by Bruch and seconded by Case to:
Support the resolution like Seattle's,with the change of Port Angeles,in support of the Standing Rock Sioux Tribe.
Motion failed 3-3,with Bruch,Case and Merideth in favor.
Council discussion followed.
It was moved by Bruch and seconded by Merideth to:
Support the Lower Elwha Klallam Tribe in their efforts to support the Standing Rock Sioux Tribe through a resolution
signed by the mayor.
Lower Elwha KlallamTribe Chairwoman Francis Charles thanked the Council for the discussion and for working the
item into the agenda. She shared observations from her time at Standing Rock and said that it was overwhelming
because it is about the land and protection for the natural resources,and about future generations. She said water is a
global issue.Chairwoman Charles said she appreciated the support of local residents and acknowledge the change to
the resolution. She said the Lower Elwha Tribal Council has been fully engaged in the Standing Rock opposition and
had donated resources to the effort. Site said the issue is about sacred grounds as much as it is about the water.
At the request of the Mayor,Clerk Veneklasen restated the motion to:
Support the Lower Elwha Mallarn Tribe in their efforts to support the Standing Rock Sioux Tribe through a Resolution
(No. 14-161 signed by the Mayor.
Motion passed 5-1,with Kidd opposed.
Page 4 of 8
PORT ANGELES CITY COUNCIL MEETING—Novernber 15,2016
CONSENT AGENDA:
At the request of Councilmerriber Bruch, Mayor Downie pulled Item 3,Environmental Services Agreement between
Western Port Angeles Harbor Group and Anchor QEA,LLC from the Consent Agenda because she would be
abstaining from the vote due to her employment with the Lower Elwha Klallam Tribe and its involvement in the
Harbor Group.
It was moved by Gast and seconded by Bruch to approve the Consent Agenda to include:
I. City Council Minutes:Novernber 1, 2016
1 Expenditure Report: From October 22,2016 to November 4.2016 in the amount ot"$3,855,817,94
3.
4. Change to Liability Deductible with Washington Cities Insurance Authority(WCIA)
5. Stormwater Education hiterlocal Agreement with Kitsap County
6. Wildland Firefighter Grant Acceptance
Motion carried 6-0.
PULLED FROM CONSENT:
3. Environmental Services Agreement between Western Port Angeles Flarbor Group and Anchor QEA, LLC
It was moved by Case and seconded by'Alhetharn to:
Approve the Environmental Services Agreement between Western Port Angeles Harbor Group and Anchor QEA,
LLC.
Motion carried 15-0,with Bruch abstaining.
ORDINANCES NOT REQUIRING PUBLIC HEARINGS:
1. 2016 Budget Amendment#3
Budget Officer Carrizosa said the third mid final amendment to the 2016 budget consists of unfinished capital
projects which will be rolled over to 2017,reflects accounting changes,and incorporates changes mandated by the
state for workmen's compensation rates.
At the request Of COUnCilmernber Whetharn. CFO Olson said he would report back, after consulting with Director
Delikat,about the possibility of using year-end savings for the purchase of a bun warmer.
Mayor Downie conducted a first reading of the ordinance by title,entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles,Washington amending the 2016 budget and funds.
Mayor Downie continued the matter to December 6".
RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS:
1. Resolution Authorizing Additional Use of Harbor Funds
CFO Olson said that when the Council adopted the Harbor Surcharge it was restricted to the Remedial
Investigation/Feasibility Study(RI/FS).The surcharge has since been terminated and the City has been funding nearly
all of the work through insurance proceeds and reserves built up by the surcharge.He said the project is now moving
past the RI/FS stage as costs start to evolve into other clean-up related areas.
The Mayor read the resolution by title,entitled
RESOLUTION NO. 13-16
A RESOLUTION of the City Council of the City of Port Angeles,Washington, authorizing additional use of Harbor
funds.
It was moved by Bruch and seconded by Kidd to:
Pass the resolution as read.
Motion carried 6-0.
Page 5 of 8
PORT ANGELES CITY COUNCIL MEETING—November 15,2016
OTHER CONSIDERATIONS:
1. AFSCME Local#1619 Labor Contract
Human Resources Manager Abbi Fountain said the contract being presented is for 2 years and includes a Cost of
Living Adjustment,an across the board market adjustment of 1%0,and also includes 10 hour holidays for employees
required to work ten hour days.She said the agreement also includes an increase in on call pay and a change in health
care plan options.Council discussion followed.
It was moved by Gase and seconded by Whetham to:
Approve the terms of the AFSCME Local #1619 labor contract.
Motion carried 6-0.
2. IUOE Local 302 Union Transition to Management,Administrative&Non-Represented Group
Human Resources Manager Fountain said that in 2014,the Public Works operations Supervisors and managers were
certified by the Public Employment Relations Commission (FERC). She said PERC recently withdrew the union
certification and as a result of the decertification.this group, consisting of nine positions, is transitioning back to the
management,administrative and non-represented group.Council discussion followed.
It was moved by Kidd and seconded by Bruch to:
Approve the transition of the public works operations supervisors and managers back to the management,
administrative and non-represented group.
Motion carried 6-0.
4. Bi-Lateral Transfer of Energy Conservation Budget
Public Works and Utilities Director Craig Fulton explained that there would be unused Bonneville Power funds in the
energy conservation budget at the end of the 2016-2017 rate period.He said that staff proposes that in order to protect
the BPA funds for future use,the City enters into mutual bilateral transfers with Lower Valley Energy for the amount
of$500,000. He outlined what residents and businesses can use the funds for.Council discussion followed.
It was moved by Kidd and seconded by Gase to:
Authorize the City Manager to enter into the mutual bilateral transfer agreement with Lower Valley Energy in an
amount up to$500,000,and to make minor modifications as needed.
Motion carried 6-0.
CONTRACTS&PURCHASING
1. Overhead Reconductoring,Project CL06-2016
Director Fulton said the project would replace old copper electrical lines in overhead conductors located in several
blocks of commercial businesses in order to improve reliability and safety.Council discussion followed.
It was moved by Gase and seconded by Bruch to:
Award and authorize the City Manager to sign a contract with Christenson Electric Inc.of Portland,OR,in the amount
of$177,588.13, including tax, for the Overhead Reconductoring Project, and to make minor modifications to the
contract,if necessary.
Council discussion followed regarding how surplus City materials are addressed in City contracts.
Councilmember Gase Called for the Question.
Motion carried 5-1,with Whetham opposed.
2. Telecommunications Replacement/Upgrade
CFO Olson said the acquisition would replace the working parts of the City's telephone system that has reached the
end of its service life.He said it will mirror the same system that Clallam County installed a few months ago.
It was moved by Bruch and seconded by Gase to:
Approve the necessary 3 year lease/purchase agreements and use of Information Technology CFP IT0215 funding to
purchase the upgrade/replacement of the City*s primary and backup telecommunication equipment, soft-ware and
technical services.Total costs not to exceed$170,000,and the delivery of new components will not happen until 2017.
Motion carried 6-0.
Page 6 of 8
PORT ANGELES CITY COUNCIL MEETING—Novernber 15,2016
3, Lane Powell Contract Amendment
Attorney Bloor reminded Council that earlier in the year they approved the hiring of Lane Powell,a Seattle Law
Firm with expertise in Federal laws and regulations. He said the City is actively engaged in negotiations with the
National Park Service and that Lane Powell has been instrumental formulating the research and background
information needed to continue those negotiations.He said Lane Powell has finished Task I and now Council is
being asked to approve an amendment which would expand the scope,including Task 2,and provide additional
money so that they can continue to help the City in negotiations on water rights.
Council discussion followed.
It was moved by Whetham and seconded by Kidd to:
Authorize and approve the City Manager to execute a first amendment to the agreement with Lane Powell PC and to
make any minor modifications to the agreement,if necessary,as presented on Agenda Page J7.
Motion carried 6-0.
CITY COUNCIL REPORTS:
Councili-nember Bruch said the Lower Elwha Klallarn Tribe will be collecting food,sleeping bags and other winter
items for the Standing Rock Sioux Tribe. She said she has been working with City staff on getting the
Comprehensive Plan into a format that is more useable,and she hopes to get that to Council by January.
She announced that there are 33 houses scheduled to be dernolished by Housing Authority.
Councilmeniber Merideth cautioned people to be careful out on the Spit because workers are starting a cobble job on
the other side of the Hook.
Deputy Mayor Kidd attended Remembrance Day in Canada and laid a wreath on behalf of Port Angeles.
Councilmember Gase requested to be excused from the December 6"meeting.Ile said he attended the Vcteran*s
Day Ceremony at the Coast Guard Base.Mr.Gase shared that lie received a call from a downtown business owner
with concerns about the recent tree removals downtown. lie thanked the business owner for reaching out and also
thanked staff members for speaking with concerned business owners.
Mayor Downie attended a Veterans' Day Ceremony on City Pier. Mayor Dovoiie also met with several downtown
business owners regarding the tree removal project,and he complimented Director Fulton and his team who are
working hard to get work done by December 91h.
No other reports were given.
INFORMATION:
Acting Manager West reminded Council of its worksession schedule for the next six months. He said that in addition
to the worksessions, based on Council direction, staff will be adding three items to the Decernber 6"' meeting for
Council discussion:
1. Animal control
2. Salary survey for non-represented staff
3. City financial auditor position
Acting Manager West also noted that staff will follow up with more information on possible funding for a bun warmer;
details on property surplus;a copy of the signed resolution approved by Council to support the Lower Elwha Tribe.
By consensus,Council directed that staff add the three December 6"'items as-'council discussion-only with no staff
merno or research necessary.
Page 7 of 8
PORT ANGELES CITY COUNC R, MEETING—November 15,2016
SECOND PUBLIC COMMENT:
Cat Each, 173 Freshwater Park Road, spoke in support of the Standing Rock Sioux Tribe's opposition to the
construction of the Dakota Access Pipeline.She thanked Council for passing a resolution to support the Lower Elwha
Tribe's support ol'thc Sioux.She urged them to educate themselves on this important issue.
Mou Frothingham, 1320 West Fifth Street,said she was disappointed that Council chose not to support the Standing
Rock resolution as it was brought forth. She said what was happening in North Dakota is the Civil rights and
environmental issue of our time.
Corey Ench, 173 Freshwater Park Road, local mural artist, spoke in support of the Standing Rock Sioux "Tribe's
opposition to Dakota Access Pipeline and spoke about how it affects the local community. He encouraged people to
make donations to the'Tribe and others who are protesting the pipeline
Arlene Wheeler,2951 Lower Elwha Road,thanked Council for allowing Chairwoman Charles to speak about Standing
Rock. She read words ftom Chief Lookinghorse about the sacredness of water. Ms. Wheeler said the Lower Elwha
Mal lam Tribe would be collecting donations for the Sioux Tribe.
It was moved by Gase and seconded by Kidd to:
Adjourn the meeting.
Motion passed 6-0
ADJOURNMENT: Mayor Downie adjourned the meeting at 9:46 p.m.
X,
Pat ck Downie, Mayor `*ennifer eneklasen,City Clerk
Page 8 of 8