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Home My WebLink About021616 CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF FEBRUARY 16, 2016 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on February 16, 2016. Mayor Deborah Stinson called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Pamela Adams, David Faber, Robert Gray, Catharine Robinson, Michelle Sandoval, Amy Smith, and Deborah Stinson. Staff members present were City Attorney Steve Gross, Public Works Director Ken Clow, Finance Director Nora Mitchell, City Engineer David Peterson, Development Review Engineer Samantha Trone, and City Clerk Joanna Sanders . CHANGES TO THE AGENDA There were none. SPECIAL PRESENTATION OF READING MONTH PROCLAMATION Library Director Melody Eisler accepted the proclamation. She noted this year's Community Read is Naomi Klein's book This Changes Everything: Capitalism vs. the Climate. COMMENTS FROM THE PUBLIC There were none. CONSENT AGENDA Approval of Bills, Claims and Warrants Vouchers 153238 through 153337, Vouchers 511 through 513 and Electronic Fund Transfers in the amount of $554,908.75. Approval of Minutes: February 1, 2016 Changes to the February 1, 2016 minutes were as follows: Page 2, 1st paragraph under Resolution 16-005, should read "....interim financing for the water treatment plant." Page 3, Paragraph 5, should read "PTPC is responsible...." The next sentence would read, "There was consensus of Council to direct staff to bring back a separate City Council Meeting February 16, 2016 Page 1 of 5 ordinance...." Page 4, paragraph 1 should read "....establishing a Stormwater Capital Fund for tracking revenues and expenses." Motion: Catharine Robinson moved to approve the consent agenda with amendments to the minutes. Pamela Adams seconded. Vote: motion carried unanimously, 7-0 by voice vote. UNFINISHED BUSINESS Ordinance 3146 Creating a Separate Stormwater Capital Fund and Amending Chapter 3.04 of the Port Townsend Municipal Code Finance Director Nora Mitchell gave the staff report on the recommendation to establish a Stormwater Capital Fund. Public Comment: Paul Schutt spoke in support of implementing water and energy conservation programs. Public Works Director Ken Clow was asked to respond about how water conservation efforts can impact the increase in base rates to cover the costs. Motion: Catharine Robinson moved to approve Ordinance 3146 Creating a Separate Stormwater Capital Fund and Amending Chapter 3.04 of the Port Townsend Municipal Code. Pamela Adams seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3145 Related to Utility Rates and Billing Procedures; Clarifying Eligibility for Low-Income Rates; Clarifying the Purposes and Procedures for Utility Billing, Stating the City's Intent that these Clarifications be Retroactive, and Amending Chapters 13.02 and 13.05 of the Port Townsend Municipal Code City Attorney Steve Gross noted that this ordinance clarifies and reaffirms City practices regarding water shutoff and the application process for low-income utility rates. As requested by Council, Ordinance 3147 would freeze the base rates for low income customers during the shut off period. Neither ordinance changes rates or eligibility amounts. At the next Council Finance and Budget Committee meeting, staff would bring forward information on the eligibility criteria and application process and plan to discuss impacts of making changes to the program. Mr. Gross and Ms. Mitchell responded to questions and recorded items outside the scope of this clarifying ordinance to discuss instead as part of the application process. Staff explained the statutory lien for nonpayment of water bills, the timeliness of payment plan arrangements, and limits to outside assistance. Mr. Gross agreed to review the references to "rates" versus "fees" terminology in the City Council Meeting February 16, 2016 Page 2 of 5 code. He also noted that the ordinance clarifies customers could not make application for the low income rate retroactive to prior years. Public Comment: Barbara Morey spoke in opposition to the ordinance. She recommended further study before adopting changes. O'Neill Louchard requested careful review of the issue before making the decision. Julia Cochrane urged postponing action on the ordinance and spoke about rights of access to water. Gretchen Brewer spoke about low income concerns and urged postponing the changes to the ordinance. Jim Todd spoke about the need for further clarification. During deliberations, Staff responded to additional questions on the ratio of commercial versus residential connections, connections inside versus outside City limits, average length of time for approval, average number of rejected applications, reasons individuals do not qualify, and ratios of primary versus secondary homes. Council comments and discussion ensued about the low income eligibility criteria of other similar programs and the impact of the hearing examiner decision. Council recommended that staff set a specific timeline during which they would approve or deny an application, and explore clarifications on low income eligibility, including a renter's ability to qualify. Motion. Michelle Sandoval moved to approve Ordinance 3145 Related to Utility Rates and Billing Procedures; Clarifying Eligibility for Low-Income Rates; Clarifying the Purposes and Procedures for Utility Billing, Stating the City's Intent that these Clarifications be Retroactive, and Amending Chapters 13.02 and 13.05 of the Port Townsend Municipal Code with the knowledge that Finance and Budget would be undertaking a review of policy changes in the future. Catharine Robinson seconded. Vote: motion carried, 6-1 by voice vote, Robert Gray opposed. NEW BUSINESS Ordinance 3147 Related to Low-Income Rates; Exempting Low-Income Qualified Customers from Certain Utility Fees and Amending Chapter 13.05 of the Port Townsend Municipal Code City Attorney Steve Gross gave the staff report on this ordinance that would "toll" base rates and other charges for utility customers who are participating in the City's low-income rate program when utilities have been shut off. The ordinance would suspend base rates, surcharges, and late charges for up to one month when utilities are temporarily shut off. City Council Meeting February 16, 2016 Page 3 of 5 Public Comment: Barbara Morey commented against the one month period and suggested extending to a two-month time frame. Julia Cochrane commented that continuing to charge people base rates are punitive. Gretchen Brewer spoke in favor of extending the time period before shut off. During deliberation, there were concerns about shutting off water to low income customers and the City's ability to continue to meet its fiduciary responsibility after exempting qualifying customers from utility fees. There was interest in exploring a donation program. Motion: David Faber moved to approve waiving Council Rules and approving Ordinance 3147 Related to Low-Income Rates; Exempting Low-Income Qualified Customers from Certain Utility Fees and Amending Chapter 13.05 of the Port Townsend Municipal Code. Amy Smith seconded. Vote. motion carried unanimously, 7-0 by voice vote. Resolution 16-006 Related to the Construction of the Howard Street Extension I Project; Authorizing the City Manager to Advertise for Bids, to Award a Construction Contract to the Lowest Responsive Responsible Bidder, and to Sign all Necessary Documents and Contracts for the Project Development Review Engineer Samantha Trone noted the resolution would authorize awarding a construction contract to the lowest responsible bidder and signing all necessary documents and contracts for construction of the Howard Street Extension I project. Staff responded to questions about a prior limited improvement district (LID) study and noted that an LID assessment may be needed for a regional stormwater facility but not for water and sewer. Motion: Michelle Sandoval moved to approve Resolution 16-006 Related to the Construction of the Howard Street Extension I Project, Authorizing the City Manager to Advertise for Bids, to Award a Construction Contract to the Lowest Responsive Responsible Bidder, and to Sign all Necessary Documents and Contracts for the Project as amended. Pamela Adams seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER'S REPORT Mayor Stinson reported on her attendance at the following: - Forum at Whidbey Island Naval Air Station - Reception at Centrum with the Chair of the National Endowment for the Arts City Council Meeting February 16, 2016 Page 4 of 5 CITY MANAGER'S REPORT There was none. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Mayor Stinson noted that additional proposed Animal Control Code Revisions would be brought forward to Council at the March workshop. COMMENTS FROM COUNCIL Regarding the MRSC utility billing webinar tomorrow, staff agreed to provide copies of slides. ADJOURN There being no further business, the meeting adjourned at 8:14 p.m. Attest: Joanna Sanders, CMC City Clerk City Council Meeting February 16, 2016 Page 5 of 5