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HomeMy WebLinkAbout12032001CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF DECEMBER 3, 2001 The City Council of the City of Port Townsend met in regular session this third day of December, 2001, at 6:30 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 Joe Finnie, Allen Frank, Vern Garrison, Syd Lipton, Geoff Masci, and Catharine Robinson. Mr. Youse was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Building & Community Development Director Jeff Randall, Public Works Director Ken Clow, Finance Director Michael Legarsky and City Clerk Pam Kolacy. PRESENTATION Mr. Masci introduced David Whipple, who gave an update on the sandlot ball camp offered this year through the Port Townsend Recreation Department. He was assisted by several of the program participants PUBLIC HEARING (OPEN RECORD) ORDINANCE 2785 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF PORT TOWNSEND, WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2002 Mayor Masci opened the public hearing. Staff Report: Mr. Timmons summarized the final version of fund appropriations for the year 2002. Public Works Director Ken Clow discussed the Capital Projects for the coming year and handed out a list of the projects. The council moved for first reading of the ordinance at the special meeting of November 28. Public comment Gloria Bram: stated there are not sufficient funds in the budget for repairing and replacing curb cuts on Water and Lawrence Streets. She would like a line item added for ADA upgrades. Motion: Mr. Lipton moved for adoption of Ordinance 2785. Mr. Garrison seconded After brief discussion, the motion carried by roll call vote, with 5 in favor and Ms. Robinson abstaining CHANGES TO THE AGENDA City Council Business Meeting Page 1 December 3, 2001 Mayor Masci requested adding item 10(D), legislative budget considerations regarding mayor and council salaries. Mr. Frank requested an additional item 9(E) regarding the county redistricting proposal, and item 10(E) regarding the Kah Tai lease between the City and the Port. Mr. Finnie asked that item 8(G) be removed from the Consent Agenda to 9(A) Unfinished Business. CITY MANAGER'S REPORT Mr. Timmons updated the council on the status of the interlocal agreement with Jefferson County regarding Major Industrial Developments (MIDs). He stated the county has requested that the city put together the agreement based on a County draft. It will be done as soon as possible after the beginning of the year. PUBLIC COMMENT (Consent Agenda and items not on the agenda) There was no public comment. CONSENT AGENDA Mr. Frank moved for adoption 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 78780 through 78782 and 78787 through 78943 in the amount of $103,579.01 Approval of Minutes Special Session of November 14, 2001 Special Session of November 15, 2001 Regular Session of November 19, 2001 Special Session of November 20, 2001 Special Session of November 27, 2001 Actions Motion authorizing the City Manager to negotiate and execute contracts with the Port Townsend School District for the City's use of the pool, to provide swimming lessons to Port Townsend School District students and for the use of the School District's facilities to provide an After-School Recreation program; provide authority to the City Manager to negotiate and execute a pool use agreement for the Port Townsend Swim Team. Motion to authorize the City Manager to execute Assignment of Lease for the Pink House from Little & Little, Inc. to Robert and Christine Little. City Council Business Meeting Page 2 December 3, 2001 Motion to authorize the City Manager to execute the Assent to Assignment of Contract for solid waste collection from Superior Refuse Removal, Inc. to D.M. Disposal Company, Inc. Resolution RESOLUTION 01-051 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWSEND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH NON PROFIT CORPORATIONS CONSISTENT WITH FISCAL YEAR 2002 APPROVED BUDGET UNFINISHED BUSINESS CITY MANAGER EMPLOYMENT AGREEMENT Mayor Masci stated that as a result of the council's decision to evaluate the terms of the City Manager's Employment Agreement in 2002, the Mayor and Council have proposed the terms contained in the agreement presented and the City Manager has agreed to the terms. He explained that members of the council had researched industry standard and best practices by cities in employment of a city Manager. Public comment Michelle Sandoval commented that a time frame for performance evaluation is not specified. She also asked if it is typical in a government contract that a matching retirement fired contributions are made; whether a basis for dismissal should be specified that is linked to performance criteria; and why a section is labeled "reserved" in the contract. Mayor Masci replied that the employment agreement is geared to the January 1 fiscal year. Mr. Timmons noted that the "reserved" section was left in simply to preserve the numbering system. Gloria Bram stated that she believes there should be other reasons for dismissal besides "just cause" which would not trigger the severance package. Motion: Mr. Lipton moved to approve the City Manager Employment Agreement. Mr. Garrison seconded. Ms. Robinson noted she is new to the process and has just received the contract. She suggested deferring action for a week so that she can research the norms and answer some of her own questions. Her concerns included the length of severance compensation and the matching pension contribution. City Council Business Meeting Page 3 December 3, 2001 Vote: The motion carried, 5-1, by voice vote, with Ms. Robinson opposed ORDINANCE 2786 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING A CODE OF ETHICS AS IT PERTAINS TO PERSONAL GAIN OR PROFIT, CONFLICT OF INTEREST, ACCEPTANCE OF GIFTS, CAMPAIGN ACTIVITIES AND CONFIDENTIAL INFORMATION FOR CITY OFFICIALS AND EMPLOYEES, CREATING A NEW CHAPTER 2.80 OF THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE Mr. Watts presented the item, tracing the history of the discussion and noting that the Community Development Committee has recommended that the City Attorney draft a Code of Ethics for consideration. The draft Code presented for consideration is modeled after the state code for state employees and incorporates the state ethics law for municipal employees. The purpose of the code is to promote ethical standards of conduct, by providing rules and guidelines as well as establishing a Board of Ethics for dealing with complaints involving council members, the city manager, or members of advisory boards and commissions. Mr. Watts also suggested a delay in adoption of the code of ethics to allow a period for training of elected officials, staff, and advisory board members. Public comment: Barbara McColgan Pastore asked if the three-person ethics board would be set up as a standing board and expressed concern that this responsibility might discourage citizens from serving on advisory boards. Mr. Watts replied that a board would be specially constituted for each complaint and would not be a standing board. There are also provisions which would allow members to refrain from serving for certain special causes. He added that the code provides tight timelines for the investigation and recommendation to avoid having an ethics charge linger. Mr. Frank had several comments on the proposal. He requested that staff address the following issues: Complete disclosure of assets, examples: participation in blind trusts, real estate or development partnerships beyond the Public Disclosure Act requirements; Quid pro quo - whether there may be compensation to a person in the future as a result of a current vote; Violations of state statute regarding interference with the City Manager on city management issues - respecting the clear line between administration and policy; Conflict of interest vs. appearance of fairness; Beefing up the appearance of fairness/conflict of interest provisions, i.e. permit issues for elected officials should be "transparent" and completely open to public scrutiny. City Council Business Meeting Page 4 December 3, 2001 In response to a question from Ms. Robinson, Mr. Watts stated that the language will be changed to make it clear that the board is convened only for the duration of the complaint. In addition, there will be language assuring that the recommendation of the board is made publicly. Mr. Watts also explained that a finding that one had violated the ethics cannot result in removal from office except for a board or commission member. Motion: Mr. Frank moved todirect the City Manager to return to the next meeting with text language addressing the five issues outlined by Mr. Frank and information on how much farther the city can go without being in violation of state law. Mr. Lipton seconded The motion carried unanimously, 5-0, by voice vote. Motion: Mr. Frank moved for the first reading of Ordinance 2786. Mr. Garrison seconded The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2787 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE DEFEASANCE OF CERTAIN OUTSTANDING WATER AND SEWER REVENUE BONDS OF THE CITY; AND AUTHORIZING THE APPOINTMENT OF AN EXCROW AGENT, THE EXECUTION OF A DEFEASANCE AGREEMENT AND THE ACQUISITION OF CERTAII/SECURITIES TO ACCOMPLISH SUCH DEFEASANCE Mr. Timmons introduced the ordinance, stating that in connection with the Tri-area water exchange, the City needs to make provision to pay from the sale proceeds monies to defease certain outstanding bonds. Public comment None Motion: Mr. Finnie moved to suspend council rules and make the first reading the second and the third by title only. Mr. Garrison seconded The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Garrison moved for adoption of Ordinance 2787. Mr. Farnk seconded. The motion carried unanimously, 6-0, by roll call vote. CAPITAL FACILITIES COMMITTEE RECOMMENDATIONS Mr. Timmons noted that the following recommendations have been made to the full council by the Capital Facilities Committee: 1) Kuhn Street: the City obtain an appraisal of the Kuhn Street property next to the wastewater treatment plant. 2) Elmira Street Bunker: recommendation to surplus property. The City Attorney is reviewing legal City Council Business Meeting Page 5 December 3, 2001 issues concerning whether special rules concerning vacation of property adjacent to water apply. No action recommended at this time. 3) Staff is directed to develop a three- phase timber harvesting plan for Snow Creek, Lords Lake and City Lake properties, focusing on Snow Creek first. Public comment None Motion: Mr. Frank moved to accept the recommendations to direct staff to obtain an appraisal of the Kuhn Street property and to develop a three-phase timber harvesting plan for Snow Creek, Lords Lake and City Lake properties, focusing on Snow Creek firsr Mr. Garrison seconded. The motion carried unanimously, 6-0, by voice vote. COUNTY REDISTRICTING Mr. Frank noted for the record that a decision will be made by the Board of County Commissioners on Thursday regarding the option for redistricting. He asked if any council members wished to make a preference known to the commissioners. There was no consensus to support any particular option. RECESS Mayor Masci called for a brief recess at 9:05 p.m. RECONVENE The meeting was reconvened at 9:15 p.m. Mr. Garrison stated he was planning to recuse himself from discussion of the next scheduled item and asked that it be put last on the agenda. There was no consensus to rearrange the agenda and Mr. Garrison left the meeting at 9:17 p.m. NEW BUSINESS ORDINANCE 2788 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING FEES FOR CERTAIN LAND DEVELOPMENT PERMIT AND APPLICATION FEES, PROVIDING INCREASES IN SOME FEES AND DECREASES IN OTHER FEES, AND AMENDING PROTIONS OF PTMC CHAPTER 20.09 - LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES, PROVIDING FOR A PRE-CONSTRUCTION OR BUILDING CODE CONSULTATION PROCESS AND FEE, AND PROVIDING AN EFFECTIVE DATE BCD Director Jeff Randall introduced the ordinance, noting that the city's land development application fee schedule has not been significantly updated since 1997; the City Council Business Meeting Page 6 December 3, 2001 current proposed changes to the fee schedule will better recapture direct staff costs associated with processing various permits. Additional revenue is estimated to be $7- 8,000 per year. The amendments would also authorize a new building code consultation meeting process which is necessary to cover the costs for pre-design meetings held between the staff and project principals for complex projects requiring significant code evaluation. Public comment Richard Berg stated most of his questions had been answered during the presentation. Gloria Bram spoke in support of the ordinance. Mr. Lipton asked if charging per hour of staff time removes incentive to get the job done quickly. Ms. Robinson noted that on the other hand it may be an incentive for applicants to prepare better for the project if they know they are paying for each hour. Motion: Mr. Finnie moved for first reading of Ordinance 2788, with the amendment suggested by Mr. Randall. The motion carried unanimously, 5-0, by voice vote. ORDINANCE 2789 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PTMC 2.64.090 TO AUTHORIZE CASH OUT OF UP TO EIGHTY HOURS OF DISCRETIONARY LEAVE, AND PROVIDING AN EFFECTIVE DATE Mr. Timmons presented the ordinance, stating that senior staff members who receive discretionary leave under terms set by the personnel policy manual often have a difficult time taking the leave. He proposes allowing a cash-out of up to 80 hours per year. Public comment Gloria Bram stated that allowing employees to cash out leave would reduce efficiency if employees did not take sufficient time away from work. Mr. Finnie noted that an argument in favor of the policy is that there is management control in case the organization is unable to grant time off due to emergency or unforeseen circumstances. He added that it would be another incentive for high level staff to remain with the city. After further discussion, it was suggested that the feedback from the public and council be incorporated into the ordinance for the final reading on December 10. Motion: Mr. Lipton moved for first reading of the ordinance with the understanding that there would be revisions in the final version. Ms. Robinson seconded The motion carried unanimously, 5-0, by voice vote. City Council Business Meeting Page 7 December 3, 2001 MAYOR/COUNCIL SALARY CHANGES Mayor Masci introduced the issue of revising the salary schedule for the mayor and council members. Public comment None After some general discussion, consensus was to defer the issue to an upcoming meeting after council members have looked at the various proposals. KAH TAI PROPERTY LEASE AGREEMENT Mr. Frank referred to e-mail correspondence between the city and Port in regard to volunteer tree planting proposed by volunteers for Kah Tai Park. Port Manager Larry Crocket has raised the issue that this may be a violation of the city's lease with the Port. Mr. Timmons is planning on attending a meeting with the Port commissioners to discuss the issue, Ms. Robinson suggested that the Port join the Adopt-A-Park program. ADJOURN There being no executive session and no further business, the meeting was adjouirned at 10:29 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 8 December 3, 2001