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HomeMy WebLinkAbout070516 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JULY 5, 2016 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on July 5, 2016 in the Council Chambers at 540 Water Street. Mayor Deborah Stinson called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Pamela Adams, Robert Gray, Catharine Robinson, Michelle Sandoval, Deborah Stinson, and Amy Howard with David Faber excused. Staff members present were City Manager David Timmons, City Attorney Steve Gross, Public Works Director Ken Clow, Police Chief Michael Evans, City Clerk Joanna Sanders, and Planning Director Lance Bailey. CHANGES TO THE AGENDA There was no objection to moving Item A. under New Business before Unfinished Business. SPECIAL PRESENTATION - JEFFERSON COUNTY CONSERVATION DISTRICT Jill Zarzeczny District Manager for the Jefferson County Conservation District gave a presentation reviewing the potential partnership opportunities between the District and the City. She urged Council to pass a resolution to annex into the District formalizing the relationship. The Council had questions regarding the District's services to City residents and contributions City residents currently make to the County general fund that support the Conversation District. Ms. Zarzceny indicated that even if the City does not support additional funding for the partnership, it would be important to formally recognize the support the City currently provides. The Mayor recognized that Council would need to more fully explore the proposal at a future meeting. COMMENTS FROM THE PUBLIC Emelia DeSouza of the Human Rights Alliance North Sound urged Council to support the proposal to consider the formation of a Human Rights Commission in Jefferson County. There was support for adding this matter to an upcoming agenda for consideration. CONSENT AGENDA Approval of Bills, Claims and Warrants City Council Business Meeting -July 5, 2016 Page 1 of 5 Vouchers 154277 through 154381, Vouchers 526 through 527 and Electronic Fund Transfers in the amount of$531,229.33. Approval of Minutes: June 20, 2016 Resolution 16-030 Related to Stormwater Management; Authorizing the City Manager to Sign Partial Releases Related to a Private Stormwater Facility Motion: Catharine Robinson moved to approve the consent agenda as written. Robert Gray seconded. Vote: motion carried unanimously, 6-0 by voice vote. APPOINTMENT OF PETER EGLICK AS ETHICS HEARINGS OFFICER City Attorney Steve Gross gave the staff report on the ethics complaint received by the City. He reviewed the timeline and provisions outlined in PTMC 2.80 related to processing complaints against elected officials versus City employees. He cautioned Council against getting into discussion about the merits of the ethics complaint case. Ms. Sandoval disclosed that she had a personal friendship and relationship with Mr. Cole in her position as a real estate broker regarding selling his business and finding another place of business. She did have discussions with Mr. Cole about this issue as early as February. Mr. Gross responded to questions about the timeline, what occurs as part of the hearings officers initial determination, and his recommendation of support for Peter Eglick. Several Councilmembers requested a copy of the Code of Ethics Chapter 2.80 of the Port Townsend Municipal Code in order to better understand the timeline and process. There was also a request for Mr. Eglick's curriculum vitae as hearings officer. Mr. Gray asked whether the State Auditor's Office might have staff that could investigate the complaint. Public Comment: Mark Cole spoke about his ethics complaint and suggested Council could choose to take no action on Staffs recommendation. He recommended a committee approach to determining who should hear his complaint as well as an open record public hearing for transparency. The following individuals also spoke in support of Mr. Cole's ethics complaint and concern about the loss of The Upstage: Mike Murray urged a public process in selecting a hearings officer for public confidence in transparency of government. John Austin spoke in support of both sides choosing the reviewer of the complaint for the appearance of fairness. City Council Business Meeting -July 5, 2016 Page 2 of 5 Thuy Langsea urged choosing the hearings officer by committee and holding an open public hearing. Sherry Kack urged bringing forward alternatives to appointing Mr. Eglick and having an open public process. Michael Hinojos urged going to a committee for choosing a hearings officer to avoid the appearance of a conflict. Diane Diamond urged going to a committee for choosing a hearings officer. Piper Corbett was concerned about the lack of notice on this action item. Tammy Markham urged the appointment of a selection committee to choose a hearings officer. Linda Brewster urged going to a committee for choosing a hearings officer. Lisa Fredrikson urged going to a committee for choosing a hearings offficer and a public hearing. Jack Reid urged a public process for choosing a hearings offficer. Sally Schumaker urged taking more time in the hearing officer selection process. Mr. Gross reviewed that complaintants and respondents have a right to question the impartiality of the selection. If the hearings officer determines a hearing should go forward, it would be a closed hearing unless respondents request that it be open. There was additional discussion about the calculation of the dates and the timing for Council's appointment. Mr. Timmons indicated that as a listed respondent he would trust the recommendation on the appointment and would request an open hearing. Mayor Stinson summarized Council's desire to hold a special meeting to ensure compliance with the timeline outlined in the PTMC and to consider the qualifications of the hearings officer being considered as well as other potential candidates. Mr. Gross agreed to solicit statements of interest tomorrow morning with a deadline of Wednesday so that the matter could be back before Council in a Thursday meeting. Motion: Michelle Sandoval moved to approve postponing action until a Special Meeting on Thursday, July 7 and at that meeting the City Attorney would bring three possible ethics hearing officer candidates (if at all possible those practicing outside of Jefferson and Clallam Counties). Pamela Adams seconded. Vote: motion carried unanimously, 6-0 by voice vote. UNFINISHED BUSINESS City Council Business Meeting -July 5, 2016 Page 3 of 5 Ordinance 3152 Related to Building Codes; Adopting by Reference the 2015 Version of the International Building Code, International Residential Code, International Mechanical Code, International Fire Code, Uniform Plumbing Code, Washington State Energy Code (Commercial) and Washington State Energy Code (Residential), and Amending Chapter 16.04 of the Port Townsend Municipal Code Mr. Gross gave the staff report and said the proposed amendment to Section 3, to add a sentence that the ordinance would go into effect 90 days after adoption of the ordinance. Jefferson County Homebuilders Association asked for delay in implementation to allow for some training on the changes and to be consistent with other counties and cities allowing for pending applications to be processed. Planning Director Lance Bailey reviewed some of the reasons behind the change. There was no public comment. Motion: Catharine Robinson moved to approve Ordinance 3152 Related to Building Codes; Adopting by Reference the 2015 Version of the International Building Code, International Residential Code, International Mechanical Code, International Fire Code, Uniform Plumbing Code, Washington State Energy Code (Commercial) and Washington State Energy Code (Residential), and Amending Chapter 16.04 of the Port Townsend Municipal Code, with an amendment to Section 3 so that implementation occurs 90 days after the effective date of the ordinance. Amy Howard seconded. Vote: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS Ordinance 3153 Extending the Duration of the Cable Television Franchise Held by WaveDivision I, LLC Mr. Gross gave the staff report and reminded that this ordinance would extend Wave's cable franchise (which expired in 2014) through December 31, 2017. He spoke about the conditions of the renewal of the franchise. Mr. Timmons recognized that neighbor concerns related to property maintenance is under separate investigation by code enforcement related to a conditional use permit. When asked whether the extension could be postponed until the situations associated with the conditional use permit are satisfied, Mr. Gross said that the conditional use has to do with the land rather than the use of the right of way. Stakeholders are City, School District, Jefferson County, Fire District and Mr. Gross would work with those agencies on any concerns about the renewal. It was noted that the franchise renewal could be assigned to a Council committee if desired. Public Comment: Paul Rice encouraged Council to continue its relationship with Wave Broadband because of their good service. City Council Business Meeting -July 5, 2016 Page 4 of 5 Motion: Robert Gray moved to approve first reading of Ordinance 3153 Extending the Duration of the Cable Television Franchise Held by WaveDivision 1, LLC. Catharine Robinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PRESIDING OFFICER'S REPORT Mayor Stinson reported having met with the State Auditor about the City risk management review. CITY MANAGER'S REPORT Mr. Timmons reported the following: - City operations during his absence - Housing update and proposal coming forward for a consortium to do a housing capacity assessment and action plan - Re-scoping of the YMCA project - Update on the Cascadia Rising exercise and the focus on long-term recovery efforts - Grant conditions associated with the Food Bank and Working Image projects at MountainView - Howard Street bid opening is Thursday - Water Treatment Facility open house would be scheduled - June financial report - July 18 briefing of the GMA Periodic Review of the Comprehensive Plan ADJOURN There being no further business, the meeting adjourned at 8:30 p.m. Attest: a.-J"L.'o Joanna Sanders, CMC City Clerk City Council Business Meeting -July 5, 2016 Page 5 of 5