Loading...
HomeMy WebLinkAbout05152000PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 15, 2000 The City Council of the City of Port Townsend met in regular session this fifteenth day of May, 2000, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Allen Frank, Vem Garrison, Geoff Masci, Syd Lipton, Bill Wolcott and Alan Youse. Mr. Finnie was excused. Staff members present were City Manager Dave Timmons, City Attorney John Watts and City Clerk Para Kolacy. AGENDA CHANGES There were no changes to the agenda. PRESIDING OFFICER'S REPORT Mr. Masci read proclamations in recognition of Rhody Run XXII Day and Amateur Radio Week. Mr. Masci noted several publications have publicized Port Townsend as a vacation destination as a result of the Main Street award. Mr. Masci announced that assignment of a council member and a citizen to the "F" Street Project will be delayed until the project is further along. Mr. Masci requested that citizens apply to advisory boards and commissions. The City will advertise, and he hopes to make appointments in mid-June. CITY MANAGER'S REPORT C-II Design Standards Committee: Mr. Timmons announced that the committee will meet on May 17 at 3 p.m. at City Hall. This process will lead to permanent design standards to replace current interim standards. The Ichikawa sister city delegation will be hosted by the City of Port Townsend this weekend. The Port of Port Townsend and the City are in negotiations for the purpose of producing an inteflocal agreement allowing the Port to take over the reservation and monitoring functions for City Dock and Union Wharf. The agreement will be reviewed by the Finance Committee prior to coming before the entire council. City Council Meeting Minutes May 15, 2000 Kah Tai Lagoon Property: The City has received a letter from the Port of Port Townsend regarding noxious weeds at Kah Tai Park. The County Health Department has notified the Port that effects of noxious weeds must be mitigated. The City has 15 days to reply. Council Chambers Sound System: All of the components have been received and it is expected that the new system will be in use by the next televised meeting. Mr. Timmons distributed a letter updating council on several Public Works projects. He asked John Watts, City Attorney, to respond to two recent concerns brought up during citizen pubic comment relating to Washington state statutes regarding appearance of fairness and conflict of interest. Question: Was Councilmember Garrison precluded by either doctrine from casting his vote for Mr. Wolcott during the appointment process for choosing the new council member? Second queStion: Is Mr. Wolcott precluded by either doctrine from serving on the Council Capital Facilities Committee since he owns a parcel of land that may eventually be acquired by the county for a regional justice center; there is also a possibility that the city and county may enter into an inteflocal agreement for co-facilities that would be located on or adjacent, to a parcel in which he has an interest. Mr. Watts stated that because the appearance of fairness doctrine applies only to adjudicatory ("quasi-judicial") proceedings rather than legislative proceedings, the doctrine was not violated in either case (appointment of new council members and committee assignments are legislative processes.) He explained that under the conflict of interest doctrine, the existence of a current or pending contract between Mr. Garrison and Mr. Wolcott would not have a bearing on Mr. Garrison's ability to vote for Mr. Wolcott unless there were evidence that Mr. Garrison would receive a direct contractual benefit from his vote. Mr. Garrison could have chosen not to participate in the vote but was not required to disqualify himself under the law. In regard to Mr. Wolcott's assignment to the Capital Facilities Committee, the test would be whether a conflict exists because a city council member enters into a contract with the city and gains from the contract or if a city council member receives a direct benefit from a vote as prohibited under ethics laws of the state as part of conflict of interest laws. For example, if an interlocai agreement with the county were proposed for approval and Mr. Wolcott stood to directly benefit, he would not be able to vote on that item. At this very early stage there is no contract pending and no anticipated agreement or decision regarding Mr. Wolcott's property coming before the council; therefore nothing in the law precludes Mr. Wolcott from serving on the Capital Facilities Committee. Again, he is free to disqualify himself but is not required to do so by law. City Council Meeting Minutes May 15, 2000 Mr. Timmons then introduced Ed Edwards, contract Interim Fire Chief. Mr. Edwards will serve until there is resolution of the proposed merger with other county fire districts or until there is resolution of former chief Pollack's medical situation. COMMENTS FROM THE PUBLIC (Items not on the Agenda) Ed Edwards, Secretary for Port Townsend Athletic Field Association: Received verbal confirmation of a gift of $10,000 from a Seattle foundation. There is now enough cash to start excavation on the field. Byron Ruby: Expressed support for Ed Edwards and also for the VFW poppy sales. Philip Watness: Recognized Leader reporter Miranda Bryant's last meeting. Mr. Timmons proposed presenting a council chamber cushion to Ms. Bryant. Motion: Mr. Frank moved to approve the Manager's proposal to present a council chamber cushion to Ms. Bryant. Mr. Wolcott seconded. Motion carried 5-0, with Mr. Youse abstaining. CONSENT AGENDA Motion: Mr. Frank moved for approval of the following items on the Consent agenda. Mr. Lipton seconded. The motion carried unanimously, 6-0 by voice vote. Approval of Bills, Claims and Warrants Vouchers 71794 through 71957 in the amount of $197,505.37 Approval of Minutes Regular meeting of May 1, 2000 Special business meeting of May 8, 2000 UNFINISHED BUSINESS ORDINANCE 2715 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING A COMPREHENSIVE POLICY FOR THE PURCHASE OF GOODS, SERVICES, EQUIPMENT, SUPPLIES, AND PROPERTY FOR THE CITY OF PORT TOWNSEND; ADOPTING A NEW CHAPTER 3.46 PTMC, "PURCHASE OF GOODS, SERVICES, EQUIPMENT AND SUPPLIES;" REPEALING RESOLUTION 95-93; AND ESTABLISHING AN EFFECTIVE DATE. City Council Meeting Minutes May 15, 2000 City Manager David Timmons recommended remanding the ordinance to the Finance Committee for review of various changes, including authorization procedures. After review, the ordinance will come back to City Council for the third and final reading. Motion: Mr. Wolcott moved to accept the staff recommendation. Mr. Lipton seconded The motion carried unanimously, 6-0 by voice vote. ADOPTION OF PUBLIC WORKS COMMITTEE RECOMMENDATIONS Council adoption of the Tri-Area Committee structure Council approval of the Letter of Agreement concerning Oak Bay service line Council approval of the current course of action relative to the ESA and Little Quilcene River Motion: Mr. Lipton moved to divide the question. Mr. Frank seconded The motion carried unanimously, 6-0 by voice vote. Motion: Mr. Lipton moved to approve items 1) Council adoption of the Tri-Area Committee structure; and 2) Council approval of the Letter of Agreement concerning Oak Bay service line. Seconded by Mr. Wolcott. The motion carried unanimously, 6-0 by voice vote. ESA and Little Ouilcene River Mr. Timmons mentioned the three issues affecting the partnership with the paper company on water withdrawals from the Big and Little Quilcene Rivers and introduced Public Works staff members Ian Jablonski and Bob LaCroix, and John Begley from Port Townsend Paper. The presentation was turned over to Mr. Jablonski who recommended that council remand the issue to the Public Works Committee with the intent of developing three , resolutions from that committee for approval by the full council. The three resolutions would deal with these issues: a) special use permit from US Forest Service; b) watershed planning; and 3) National Marine Fisheries Service Consultation. Mr. Lipton requested that Mr. Jablonski discuss related water quality issues at a future Public Works meeting. Mr. Frank asked Mr. Begley if the mill is in agreement with this approach. Mr. Begly indicated that they are. Motion by Mr. Garrison to remand to the Public Works Committee with additional staff consultation and then craft three resolutions for presentation to the full council. Seconded by Mr. Lipton. The motion carried unanimously, 6-0 by voice vote. City Council Meeting Minutes May 15, 2000 NEW BUSINESS RESOLUTION 00-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH SVR DESIGN COMPANY TO PROVIDE CONCEPTUAL DESIGN, PERMITTING AND 30% FINAL PLANS FOR F STREET AND SAN JUAN AVENUE PROJECTS. Mr. Timmons presented the recommendation. Public Comment Byron Ruby: Questioned why a consultant is needed. Mr. Timmons stated that the scope of the project exceeds staff's capabilities. There is about one mile of road full of complexities with conflicts regarding land use, federal and state aid, etc. Engineering staff will be assigned as project managers. Motion: Mr. Lipton moved for approval of Resolution 00-029. Mr. Wolcott seconded Discussion During council discussion, it was noted that no additional costs are anticipated this year; project completion funding will be included in FY 2001 budget. Vote: The motion carried unanimously, 6-0 by voice vote. RESOLUTION 00-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE A PR_OFESSIONAL SERVICES AGREEMENT WITH GRAY & OSBORN, INC. FOR DESIGN, PERMITTING AND ENGINEERING FOR THE GAINES STREET LIFT STATION, THE TRUNK SEWER AND THE WASTEWATER TREATMENT FACILITY OUTFALL. Mr. Timmons presented the recommendation. Public Comment Byron Ruby: regarding outfall. Motion: Mr. Lipton moved for approval of Resolution 00-030. Mr. Youse seconded City Council Meeting Minutes May 15, 2000 Discussion In response to questions during the discussion of the item, Mr. Timmons noted that the balance of the amount budgeted for the project will probably carry through to bidding and construction management oversight. Those numbers are currently being reconciled. Any balance is retained and allocated for other elements of the project. Vote: The motion carried unanimously, 6-0 by voice vote. EXECUTIVE SESSION There was no executive session. ADJOURN There being no further business, the meeting was adjourned at 7:46 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Meeting Minutes May 15, 2000