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HomeMy WebLinkAbout100107CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 1, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the first day of October, 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Laurie Medlicott, Michelle Sandoval, George Randels and Mark Welch. Frank Benskin, Geoff Masci, and Catharine Robinson were excused. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, Finance Director Michael Legarsky, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. PROCLAMATION Mayor Welch read a proclamation designating October 13, 2007 as Jefferson Aids Service Aids Awareness Day. AI Hernandez was present to accept the proclamation. PUBLIC COMMENT (Consent and non-agenda items) Joshua Bennun spoke in support of stronger code enforcement. Bob Sokol asked for a more detailed utility bill, particularly a breakout of taxes Finance Director Michael Legarsky noted that this is in process and will be accomplished as soon as the Council approves utility rates for 2008. Brent Butler expressed concern about declining revenues and the ability of the City to provide services that are expected by citizens. He noted Jefferson County is the second least affordable county in Washington and praised efforts of Kitsap and Jefferson County Housing Authorities to provide "sweat equity" housing. City Council Business Meeting Page 1 October 1, 2007 CONSENT AGENDA Motion: Ms. Sandoval moved for adoption of the following items on the consent agenda. Mrs. Medlicott seconded. The motion carried unanimously, 4-0, by voice vote. Approval of Bills, Claims and Warrants: Vouchers 102738 through 702847 in the amount of $217, 473.92 Vouchers 920071 through 920080 in the amount of $102, 884.43 Approval of Minutes: September 10, 2007 Workshop Mr. Randels stated he would like the record clarified to reflect specifically that all. commercial utility users are being subsidized by single-family residential users, not just Fort Worden, Port of Port Townsend, and the hospital (regarding September 10, 2007 Workshop minutes, page 2, first paragraph summarizing the introductory remarks of the City Manager). Minutes of September 17, 2007, were removed from the Consent Agenda pending corrections by Mr. Randels. PUBLIC HEARINGS Mayor Welch read the rules of procedure for public hearings, noting they would apply to all three hearings. No Council members had any financial or property interests to disclose in connection with any of the public hearing subjects. ORDINANCE 2954 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CITY OF PORT TOWNSEND 2007 WATER SYSTEM PLAN AND ESTABLISHING AN EFFECTIVE DATE Public Works Director Ken Clow reviewed the packet materials and the process to date, noting that Council had continued the public hearing on this matter from the last meeting. He noted that the issue of commercial sprinkler tap fees should be addressed during consideration of the Utility Rate ordinance rather than the Water System Plan adoption ordinance. Public comment: Bob Sokol asked whether there is any justification for the sprinkler tap charges since there is no mention of them in the Water System Plan. Motion: Ms. Sandoval moved for first reading of Ordinance 2954. Mr. Randels seconded. After brief discussion, the motion carried unanimously, 4-0, by voice vote. City Councr! Business Meeting Page 2 October 1, 2007 ORDINANCE 2953 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 13.05 UTILITY RATES AND CHARGES AND ESTABLISHING AN EFFECTIVE DATE Finance Director Michael Legarsky reviewed the packet materials. He stated that definitive information about the fire sprinkler fees is not available as he has discovered there are a few instances of buildings recently constructed which are not entered into the billing system yet. He also reminded the Council that staff recommends adding a minimum late charge fee of $5.00 instead of applying a 1.5% late fee charge across the board (based on amount owed). In answer to Mrs. Medlicott's question, staff replied they have only been able to research one or two other cities in regard to whether they charge fire sprinkler fees. Public Comment Bob Sokol stated that simply eliminating the fee would negate the need to do any more research. Motion: Mrs. Medlicott moved for first reading of Ordinance 2953, with Option 1 (with Commercial 8 ((over limit)) category); removal of the fire sprinkler fee, and establishing a minimum $5 late fee for utility bills. The motion died for lack of a second. Motion: Mr. Randels moved for first reading of Ordinance 2953 with option 8-2 (without Commercial 8 ((over limit)) category), including a $5 minimum late fee charge and removing the fire sprinkler tap charge. Mr Welch seconded. Mr. Randels stated that although Fort Worden is the largest user in town, its use of water does not differ from the aggregate of small seasonal businesses; adoption of Option B-2 would result in significant and unfair cost to the Fort. Mrs. Medlicott stated she supports Option B-1 with encouragement to the Fort to pursue conservation practices. She believes the bottom line is that if you use the water you have to pay for it. Mr. Randels stated that Option B-1 would require the Fort to pay not just for what they use, but a premium that is blatantly unfair. Ms. Sandoval stated she will not support the motion as she believes the Fort should be charged in a special category; she stated that in fact the City can't conserve more water than the reservoir holds for high-use times and the Fort's largest use is at the time of year when water is most needed. City Councii Business Meeting Page 3 October 1, 2007 Vote: motion failed on 2-2 tie, with Welch and Randels in favor. Mr. Welch stated, in regard to the fire sprinkler fee, that a solution might be to adopt it as part of the fee structure, but with a sunset clause of one year. That would allow more information to be gathered and would also allow adjustments to be calculated which would spread the loss of revenue among other ratepayers. Motion: Ms. Sandoval moved to approve first reading of Ordinance 2953 with Option 8-7 (with "Commercial 8 ((over limit))" category, the addition of a minimum late charge fee of $5.00, and addition of a one-year sunset clause for commercial fire sprinkler tap fees. Mr. Welch seconded. Mr. Randels stated he will support the motion to move the ordinance forward but will continue to advocate for the removal of the Commercial B-2 option (without the "over limit" category). Vote: the motion carried unanimously, 4-0, by voice vote. ORDINANCE 2955 AN ORDINANCE OF THE CITY OF PORT TOWNSEND FIXING AND ADOPTING 2008 PROPERTY TAX LEVIES WITH AN INCREASE OF ONE PERCENT (1 %) Finance Director Michael Legarsky reviewed the packet materials and provided a graph showing the property tax levy rate history since 1994. He noted that by contract, East Jefferson Fire Rescue receives 100% of the EMS levy and half of the general levy including new construction, minus the amount required to fund the Pension Fire Fund. He also noted he is waiting to hear from the County Assessor regarding the amount of the City's banked capacity - he stated it is approximately 13% or $176,000.00. The Assessor is out of the office this week. He added that he would get information about how using the banked capacity would impact the City's bond rating. There was no public comment. Motion: Mrs. Medlicott moved for first reading of Ordinance 2955. Mr. Randels seconded. The motion carried unanimously, 4-0, by voice vote. RECESS Mayor Welch declared a recess at 7:45 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 7:53 p.m. City Council Business Meeting Page 4 October ?, 2007 Mayor Welch suggested moving Item A of New Business to the end of New Business as a courtesy to guests who were present for Items B and C. There was no objection. Mayor Welch also announced that the scheduled executive session would be postponed due to the absence of several Councilors. NEW BUSINESS PUGET SOUND PARTNERSHIP John Cambalik was present to discuss the Puget Sound Partnership area delineation. He explained the history and purpose of the Partnership, a state agency established in 2007 to lead efforts to protect and restore Puget Sound. He stated that the Puget Sound has been delineated into seven action areas and that Point Wilson is the boundary between two of the areas (Strait of Juan de Fuca and Hood Canal) and therefore Port Townsend is in both areas. In response to a question from Mr. Randels, Mr. Cambalik stated that the City would have the option to comment and participate in plans for both action areas. No public comment Motion: Mr. Randels moved to refer to issue to the CD/LU Committee and the Public Works and Planning staffs. Ms. Sandoval seconded. Amendment: Mrs. Medlicott asked to also refer the issue to the Finance & Budget Committee. There was no objection. Regarding a time line, Mr. Cambalik stated that mid-January is probably a bit late but he hopes to have a clearer picture about the action agenda well before then. He also suggested that the Council schedule a workshop in the near future for a thorough discussion of the matter. RADIO PORT TOWNSEND Mr. Watts reviewed the packet material, noting that the non-profit corporation "Radio Port Townsend" is asking for the City's permission to move forward with negotiations with the City and the cell phone company regarding use of the existing cell tower at the City reservoir site. Sherry Jones, representing Radio Port Townsend, added that it is necessary to have a specific location identified and "reasonable assurance of access to this site" in order to apply for an FM station radio license. There was no public comment. City Council Business Meeting Page 5 October 1, 2007 Motion: Mr. Welch moved to endorse the concept of a potential FM radio antenna/transmitterleose at the City reservoir site (subject to satisfactory engineering and financial arrangements), and to authorize the City Manager to commence negotiations with Radio Port Townsend for a tease for the location of an anfenna/transmitter (with terms subject to future City Council approval). Ms. Sandoval seconded. The motion carried unanimously, 4-0, by voice vote. COUNCILOR APPOINTMENT PROCESS FOR 2007 Mr. Watts reviewed the packet materials. He explained that if Catharine Robinson (running unopposed) is elected to position #2, she will assume that seat immediately after the election certification since that seat is currently filled by a Council appointee (not an elected), George Randels. Mr. Randels is running unopposed for position #4, currently held by Ms. Robinson. If elected, he would not take office until January 1, thus leaving position #4 vacant for approximately six weeks. The proposed temporary change in City Council rules would allow appointment of Mr. Randels to position #4 in mid-November rather than waiting until his term as an elected official begins on January 1. This would assure a full Council through the end of the year. This process would differ from the regular appointment process which involves solicitation for candidates, receipt of applications, and interviews. Mr. Randels asked if he should recuse himself from the action since he is the person who would be appointed to the remainder of a term. Mr. Watts stated there is no conflict of interest according to state or city laws or court rulings. He also noted the vote on this matter does not require a super majority. There was no public comment. Motion: Mr. Welch moved to approve the temporary suspension of Council Rule 2.2, and provide for the appointment of the election winner of Council position #4 in the November 2007 election to fill the position # 4 vacancy from mid-November to December 31, 2007, until the election winner of # 4 can officially assume the 4 year term of office on January 1, 2008. Ms. Sandoval seconded. The motion carried unanimously, 4-0, by voice vote. CITY MANAGER'S REPORT Public Works Director Ken Clow stated that an award ceremony for the City Hall Annex LEED certification will take place on October 15 and a photo will be taken at 5:00 p.m. outside at 250 Madison St. Council members are invited to be present at 5:00 p.m. for the photo. Refreshments will follow, with official presentation of the LEED award to take place during the Council meeting. City Councr! Business Meeting Page 6 October i, 2007 COMMENTS FROM COUNCIL Ms. Sandoval stated that a ferry summit public meeting would be held in Bremerton on December 7. Ms. Sandoval stated that she and Mr. Randels would brief the Council about their lobbying trip to Washington, D.C. at a future meeting when more Council members and the City Manager will be in attendance. ADJOURN There being no further business, the meeting was adjourned at 8:42 p.m. Attest: ~~~~~.~ Pam Kolacy, CMC City Clerk City Council Business Meeting Page 7 October 1, 2007