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Home My WebLink About111411 CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL BUSINESS MEETING OF NOVEMBER 14, 2011 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in special session on the fourteenth day of November 2011, in Council Chambers at 540 Water Street. The meeting was called to order at 6:30 p.m. with Mayor Michelle Sandoval presiding. ROLL CALL Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Finance Director Michael Legarsky, DSD Director Rick Sepler, Planning Manager Judy Surber, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA (NO ITEMS MAY BE ADDED) Mayor Sandoval announced that an executive session would be held at the end of the business meeting. COMMENTS FROM THE PUBLIC There was no public comment. CONSENT AGENDA Resolution 11-037, Authorizing the City Manager to Submit a Grant Application to the Washington State Office of Crime Victim Advocacy for the "Services-Training- Officers-Prosecutors" (STOP) Grant Extension of Memorandum of Agreement with JeffCom ILA Motion: George Randels moved to approve the consent agenda. Laurie Medlicott seconded. Vote: motion carried unanimously, 7-0 by voice vote. PUBLIC HEARING Ordinance 3067, Fixing and Adopting 2011 Property Tax Levies Mayor Sandoval read the rules of procedure for legislative public hearings. No Council members had any financial or property interests to disclose. City Manager David Timmons reviewed the packet materials. He noted that two City Council Special Business Meeting November 14, 2011 Page 1 of 5 ordinances are presented, one based on the passage of the property tax levy lid ballot measure and one based on the defeat of the measure. Once the election outcome is known, Council will need to rescind one of the ordinances. Because the outcome of the election is still unclear, the County Assessor suggested this approach in order to facilitate the submission of a tax levy ordinance to his office in time for the filing deadline. Finance Director Michael Legarsky reviewed the tax estimate calculations worksheet included in the packet materials. City Attorney John Watts stated that at this time the City is following the County Assessor's suggestion but will also confirm the legality of this approach with outside counsel. Public comment Jim Rogers stated the Council should appoint a committee to look into health concerns associated with the proposed biomass plant. He also said that an 18% charge on overdue utility bills constitutes usury. He would like a full audit so the public knows how general fund and fire monies have been used. He also stated he believes audit results were withheld to influence the levy election. Staff response: Mr. Legarsky stated that the charge on late utility payments is not interest, it is a late fee. The charge is 1.5% or a minimum of $5.00. There being no further comments, the mayor closed public testimony on the matter. Alternate suggestions were made including incorporate an automatic recision clause into the ordinance between now and adoption and scheduling a special meeting for November 29 when the election is certified, to adopt the correct ordinance. Motion: David King moved to approve First Reading of Ordinance 3067A, fixing and adopting 2012 Property Tax Levies with an increase of twenty-two and ninety-eight hundredths percent(22.98%) for the General Levy and an increase of one percent (1.00%) for the Emergency Medical Services Levy, and to approve first reading of Ordinance 30678, Fixing and Adopting 2012 Property Tax Levies with an increase of one percent (1.00%) for the General Levy and an increase of one percent (1.00%) for the Emergency Medical Services Levy. Kris Nelson seconded. Vote: motion carried, 6-1 by voice vote, Laurie Medlicott opposed. The mayor declared the public hearing was concluded. OLD BUSINESS Resolution 11-036, Adopting the Joint City of Port Townsend Jefferson County Climate Action Plan, Approving Revised Climate Change Workplan, and Extending the Term of the Climate Action Committee City Council Special Business Meeting November 14, 2011 Page 2 of 5 Planning Manager Judy Surber reported that the Board of County Commissioners adopted the recommended action unanimously at their meeting today. She said the only change to the materials is in Attachment 3, page 3 where an Exhibit is not identified. The Exhibit should reference Table 7 and 8 from Chapter 5 of the Climate Action Plan. Brief discussion ensued about whether the Climate Action Committee should have a sunset date. It was noted that since the Workplan goes to 2014, the Committee would exist until then. Public Comment Kees Kolff speaking as a citizen and physician noted that although testimony to the BOCC indicated we can't afford a Climate Action Plan, a recent study shows it is unequivocally less expensive to reduce emissions than to suffer climate damages. Motion: Mark Welch moved to approve Resolution 11-036, Adopting the Joint City of Port Townsend Jefferson County Climate Action Plan, Approving Revised Climate Change Workplan, and Extending the Term of the Climate Action Committee George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. NEW BUSINESS Main Street Utility Tax Resolution City Manager David Timmons reviewed the packet material. He noted the incentive program could result in up to $133,000 for the Main Street Program through City utility excise tax credits. Mari Mullen, Executive Director of Main Street talked about Main Street's efforts to solicit tax credit funding so far. There was no public comment. Brief discussion ensued regarding the risk of the City's potential contribution supplanting contributions from private donors; timing will be important to reduce that risk as much as possible. There was no public comment. Ms. Mullen noted that the funds cannot be tied to a specific project but must be used to support an approved Main Street work plan. Main Street will bring forward a proposal to the City on how the funds would be used. Motion: George Randels moved to authorize the City Manager to make the Main Street tax credit request to the DOR and, once approved, the City Manager is authorized to negotiate terms of an agreement with Main Street concerning the City contribution to Main Street pursuant to the tax credit program in return for services to City Council Special Business Meeting November 14, 2011 Page 3 of 5 the City. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3068, Granting a Cable Franchise to Wave Division (Wave) City Attorney John Watts reviewed the packet materials. He noted that passage of the ordinance would grant a three-year cable franchise agreement to Wave Broadband on the same terms as the existing franchise with Broadstripe. The franchise would replace the existing franchise with Broadstripe which expired this year. Unless it can be shown that Wave does not have the ability or wherewithal to operate a cable system, the City is not in a position to object to the transfer. He noted that local jurisdictions cannot through cable franchise or otherwise regulate cable rates. The proposed three year term allows a short trial period during which issues can be noted and addressed in a subsequent franchise or extension agreement. Motion: Mark Welch moved to approve first reading of Ordinance 3068, Granting a Cable Franchise to Wave Division (Wave) Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Mayor Sandoval declared a recess at 8:00 for the purpose of a break. The meeting was reconvened at 8:15 p.m. PRESIDING OFFICER REPORT Mayor Sandoval reported on the following. Requested Council feedback regarding the suggested process for appointments to citizen advisory boards which was distributed by the City Clerk. Meeting with Sequim and Port Angeles mayors resulted in a suggestion that members of the three councils get together for a meet and greet and discussion of regional issues before the end of the year. Citizens are waiting for Council approval to get started on a Food Bank garden at Mountain View. Reminded staff to move forward on a banking contract. Accepted assistance from Ms. Nelson and Mr. King for the City Manager's review. CITY MANAGER REPORT City Manager's 2012 Budget Discussion Continuation City Manager Timmons stated that the City has received confirmation from the Board of County Commissioners that the $500,000 of Public Infrastructure funding owed to the Cty will be paid soon. City Council Special Business Meeting November 14, 2011 Page 4 of 5 Mr. Timmons is working on creative alternatives for the YMCA. He discussed the state budget impacts to the City budget and also discussed budget alternatives. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION There were none. COMMENTS FROM COUNCIL There were no comments from the Council. EXECUTIVE SESSION Mayor Sandoval announced at 9:00 p.m. that the Council would adjourn to Executive Session to discuss pending litigation, that no action was expected, and that the session would take approximately 30 minutes. ADJOURN The meeting was reconvened at 9:35, and, there being no further business, was adjourned at 9:35 p.m.. Attest: 9a�' n Pamela Kolacy, MMC City Clerk City Council Special Business Meeting November 14, 2011 Page 5 of 5