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HomeMy WebLinkAbout11252002CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL SESSION OF NOVEMBER 25, 2002 The City Council of the City of Port Townsend met in special session this twenty-fifth day of November, 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval, and A1 Youse. Joe Finnie and Geoff Masci notified the Clerk they would not be present. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, Public Works Director Ken Clow, and City Clerk Pam Kolacy. PUBLIC COMMENT There was no general public comment. PUGET SOUND ENERGY FRANCHISE Mr. Watts gave an overview of the work to date on negotiations between the City and Puget Sound Energy. He noted that the City has been operating on a series of extensions of the franchise through December 31, 2000 and thereafter without any agreed upon extensions. He stated it is in the best interest of the citizenry and the utility to have an updated, binding franchise reinstated. The suggested term of the agreement is 10 years from the date of the last franchise, therefore the franchise would run 8 more years, ending in 2010. This is longer than the 4-6 years recommended by the committee but is a comparably short term for a franchise agreement Mr. Watts added that his work plan for next year includes production of a draft right of way use ordinance. The City Manager's recommendation is to adopt the agreement, following council questions and clarifications. The adoption of the franchise agreement will allow an eight year period in which the city may determine to explore alternative energy provisions. Todd McGuire and Dana Roberts of the PSE Franchise Committee and Don McDaniel of Puget Sound Energy were present to provide information and answer questions. Mr. Sandoval noted that on page six, under "Service Quality" some blanks were not filled in regarding average duration of outages, etc. Mr. McGuire stated he believes the information was in the original report. City Council Special Bus Meeting Page 1 November 25, 2002 Regarding the section on page 8 entitled "Pilot Project on Competition" Mr. McGuire stated this has to do with municipalities having the ability to aggregate disparate loads and then act as a separate agency for procurement purposes. He added this is one of the least important facets of the recommendation due to the complexities involved. He added the committee had attempted, as reflected in the table on page 2, to give relative priority and monetary consideration to the many factors involved in the franchise negotiation and agreement. Ms. Fenn asked if PSE is selling generating capacity. Mr. McDaniel answered that the company will have to vertically integrate, become involved in conservation measures and either build, buy or partner on new generation. He stated that PSE is probably better positioned than other utilities on the west coast to get into the generation business due to its position as the lowest cost provider in the state. Ms. Fenn asked if the company intends to divest itself. Mr. McDaniel noted that the marketplace is very volatile but PSE is committed to retain and acquire new generation. In answer to Ms. Sandoval's question about redundancy, Mr. McDaniel noted PSE is under contract to build a new line into the county which will back up the existing transmission. The entire region is working hard to get onto the same voltage, PSE has upgraded the substation and recircuited the entire city; the last stage is to get a new line in via contract with other working partners. The project is currently underway and should be completed in 2004. Ms. Sandoval stated that since work has been outsourced to Potelco, it has been more difficult to work with them and there has been a huge jump in cost for installing underground lines per linear foot. Mr. McDaniel stated that moving to Potelco has caused a substantial drop in costs for PSE with generally higher performance. There are actually more crews here than before in spring and summer; crews can also move among counties as needed. He stated that there was a transition period which started in the fall of 2001 but the system is now established and is working well. Regarding the upcoming Hood Canal Bridge closure, Mr. McDaniel stated the positive aspect is that we know is coming and the company can prepare just as they would prepare for a large weather event. More staff will be positioned here than would ordinarily be and helicopters may be used if necessary in emergency situations. Regarding consistent quality of service, Mr. McGuire stated that it is important to develop cooperation now and to develop baselines and schedule regular meetings to discuss concerns. City Council Special Bus Meeting Page 2 November 25, 2002 Mr. Kolff asked why PSE is unable to report measures of reliability indices for the city as well as for Jefferson County (p.6). Mr. McDaniel said he could commit to appear before the council regularly to update the council on this issue. Ms. Fenn asked if that could be formalized in the agreement. She also wants to compare notes about street lighting which has become a concern in the city, both from individuals and the Historic Preservation Committee. Mr. McDaniel stated that the franchise simply gives PSE the right to maintain equipment in the right of way and does not create an exclusive right to provide service. He stated his willingness, however, to provide a letter of commitment which would cover some of the issues raised. Mr. McGuire added that the committee's recommendation is to create a list of items to be tracked on a regular basis which would be the basis for regular dialogue and reporting by PSE. In regard to a reopener clause, Mr. Watts stated part of the difficulty is to get clear indicators of what might trigger reopening the franchise. PSE did not consider reopener clauses in its negotiating position and it is not generally found in franchise agreements. The city is also in a position of not having options if we can't arrive at an agreement with PSE. He added that these are some of the factors that influenced the approach of providing for a relatively short eight year franchise term. Given the current issues surrounding generation, distribution, outsourcing and cost, the staff felt that an eight year term would provide an opportunity to monitor within that term and if indicators were positive, would make a new agreement more likely. If monitoring indicators were negative, then there would be more impetus on the city to look at alternatives and time to explore those alternatives. Mr. McDaniel noted that service quality is regulated by the utility commission in collaboration with cities and a standard level of service has been determined that is equitable for all customers. There is nothing in the franchise that prevents the city from municipalizing and nothing in the franchise that binds the city exclusively to PSE service. Mr. Kolff asked if a commitment to provide current maps could be added as a condition of the letter of agreement. He added the council could look through the list for other items they might wish included in the letter. Mr. McDaniel stated that most of the issues in the table have been addressed and completed with the exception of the pilot project on competition. Ms. Robinson asked Mr. Watts whether he is satisfied that city liability for the right of way is covered. Mr. Watts noted that the city ended up with very favorable language to the city on the issue. The language has been reviewed by the city's insurance authority and received firm approval. He added that there is a provision in the contract for City Council Special Bus Meeting Page 3 November 25, 2002 termination due to breach of contract; otherwise issues must be worked out as good neighbors. Dana Roberts stated that the greatest measure of reliability would be if the reduncancy line was in place and had a little time for testing and operating before the bridge closures. He added that he would like indicator reports specific to the city. Mr. Fenn raised the issue of street lighting, citing HPC concerns about installing new light fixtures that direct light downward and keep with aesthetics of the historic district. Mr. Roberts stated that the committee did not have a representative able to work with HPC; he said that determining objective criteria about provision of publicly paid illumination. Once standards have been established a group could be formed to engage in the discussion. The police have expressed interest in taking part in the discussion as well. The process would include working up criteria for location and determination of how many street light fixtures have been in place for 25 years or more. Mr. McDaniel stated there has been some initial discussion and PSE has been approached on the broad lighting issues; he will provide an update on the progress. Mr. Watts stated that vegetation plans will be part of the Right of Way Master Ordinance scheduled for 2003; it would be generic to not just electric, but other utilities or franchises using the public right of way. Mr. McDaniel stated that automatic meter reading is in place. Public comment Jack Molsness asked if the city could put in a power generator and sell power back to PSE. Mr. Watts stated this is not precluded by the franchise. Mr. McDaniel stated that there is currently such an arrangement between the PT Paper Mill and PSE. Ms. Sandoval asked about the implementation process. Mr. Watts stated that the administration will bring back concepts, make some recommendations in terms of things the council might want to consider in terms of process and substance. He said that the members of the PSE Franchise Committee have indicated they are willing to follow through and serve on a phase 2 of the committee. Ms. Fenn asked that the street lighting issues be discussed at the council retreat/advance in January. RECESS At 8:05, the mayor called a recess for the purpose of a break. RECONVENE The meeting was reconvened at 8:15 p.m. City Council Special Bus Meeting Page 4 November 25, 2002 City Manager David Timmons stated the committees have been working steadily and have made recommendations on most of the budget funds although there are still some issues to resolve. Committee recommendations to date were itemized and distributed to the council. He said at this time the projected general fund balance is at 8.4%, a little above the 8% goal. The Transportation Committee will be discussing possible methods of funding the $200,000 pavement overlay project. He added that System Development Charges will be considered when looking at utility rates, not as part of the BCD fee structure. He added that two elements of the Fire Department budget which must be addressed are replacement of two defibrillator units at $25,000 apiece and the annualized cost of replacement of one of the medic units. Both are factored in to the revised budget projections. Because the General Government Committee has not been able to address the Fire Dept. budget, Chief Edwards was present to brief the council on Fire and EMS for 2003. He stated that operating expenses have remained much the same and will carry into 2003 without change; however personnel costs and capital expenditures will drive the budget up. Mr. Timmons stated a proposed Deputy Chief position will be reconciled during the first quarter, pending discussion with Fire District 6. He also stated that providing ambulance service for Jefferson General Hospital could be a lucrative revenue source but there are several issues to be resolved, including how best to sustain the current level of service for the city and district 6 while providing the hospital service; in addition, a new ambulance would have to be purchased. Chief Edwards noted that the City has received a grant of $112,000 plus a matching $12,000 for self-contained breathing apparatus and retrofit of existing equipment. In addition, the FEMA grant for a new facility is in the last stage of approval and the city will need to budget for matching capital expenses but not in the next budget cycle. Mr. Timmons stated that there may be some ability to share meeting rooms, etc. with the Police Department. Public comment: Ame Hansen: stated that the city has a shortfall of funds needed to pay for essential public services and recommended the council increase taxes to pay for street improvements. He added that property taxes have not increase in four years and the city is dealing with other funding problems it cannot control. He added that Port Townsend is the only city in the state which requires voter approval to use the banked capacity tax percentage but that ordinance could be rescinded. He urged the council to be proactive to prevent conditions in the city from deteriorating any further. City Council Special Bus Meeting Page 5 November 25, 2002 Mr. Timmons stated the council will need to discuss addressing the issue of banked capacity and whether they wish to pursue that as a method of dealing with some expenses not included in the budget. Ms. Robinson asked for clarification that the contract fire inspection program has been cut back by half. Mr. Timmons confirmed the reduction from $60,000 to $30,000. He also confirmed this is in the latest budget as well as the new L&I rates and a contingency for the impacts of 1-790 ($85,000). With these additions, the general fund is still within the target goal. Mr. Youse stated that he considers streets a basic service and that they should come before other expenses. There are bigger issues than just the decision about whether to raise taxes. He stated that he does not necessarily believe the city needs as high a level of service from the police department as is budgeted. He stated that our geographical location makes simple comparisons to cities of similar populations unrealistic. He stated he believes that the $200,000 for the street fund could come from the budget without increasing revenues. Ms. Fenn stated that if there are specific ideas about where spending should be cut, she would be open to considering them. Mr. Youse replied that the council could simply set a percentage of budget cut and let the City Manager and staff figure out how to deal with it. Mr. Kolff stated he is concerned about the process and feels the committee level is where the questions about level of service should be addressed. If the budget has already been endorsed at the committee level, it is unfair now to reduce department budgets simply to avoid raising taxes. Ms. Sandoval stated that the number of outside visitors coming to Port Townsend also has a significant impact on the necessary level of service. We are a small community but the number of people requiring services swells during certain months and we have certain problems of a much larger town. Ms. Sandoval stated that the real conversation necessary is how to find a sustainable fimding source so that we don't have to steal from one fund to give to another; sustainable, consistent funding must be available for long term planning and protection of the investment of the citizens. Ms. Fenn stated that in four years there has not even been an adjustment for inflation but expenses have been continually cut; however there are need that have been unmet for many years. Statistics show Port Townsend has some of the cheapest city taxes in Western Washington and the number of services provided includes library and fire. She stated she will not support across the board cuts but will listen to any specific proposals for cutting expenses. City Council Special Bus Meeting Page 6 November 25, 2002 Ms. Sandoval stated it is apparent now that discussions about library, fire and park districts may take a long time and in the meantime the city must deal with the level of service provided versus the amount needed to pay. CALENDAR UPDATE Mayor Kolff asked the councilors to consider when they would like to schedule the beginning year retreat/advance for 2003. A tentative date of Saturday, January 25 was discussed; final scheduling pending input from Mr. Masci and Mr. Finnie. He also announced that a meeting of the Council Glen Cove Negotiation team has been set for 1 pm on Tuesday, Nov. 19, with a meeting with the Board of County Commissioners to follow at 2:30. The mayor will attend a meeting with Senator Maria Cantwell tomorrow to promote support for the city's grant request to Save America's Treasures. ADJOURN There being no further business, the meeting was adjourned at 9:20 p.m. Attest Pmela Kolacy, CMC ..... City Clerk City Council Special Bus Meeting Page 7 November 25, 2002