Loading...
HomeMy WebLinkAbout06162003CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JUNE 16, 2003 The City Council of the City of Port Townsend met in regular session this sixteenth day of June, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 p.m. by Mayor Kees Kolff. Council members present at roll call were Freida Fenn, Kees Kolff, Catharine Robinson, Michelle Sandoval, and Alan Youse. Mr. Finnie was excused. Mr. Masci had another commitment. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. PRESIDING OFFICER'S REPORT Mayor Kolff introduced Charles Wiggins of the Jefferson County Historical Society. Mr. Wiggins provided copies of the Secretary of the Interior's Standards to each council member, stating this would help them in their role as stewards of the city's historical heritage. The following proclamations were read: Amateur Radio Week designated June 23-29, 2003. John Ebner invited councilors and citizens to the amateur radio event June 28 and 29 at Old Fort Townsend. Friends of the Port Townsend Library Week designated as June 23-29, 2003. The following appointment was proposed by the Mayor and approved by consensus of the Council: Patsy Caldwell to the Park and Recreation Advisory Board, Position 4, Expires 5/01/06. Mayor Kolff noted that the Association of Washington Cities Wellness Program has designated June as "Cancer in the Sun Month" to raise awareness of the harmful effects of direct sun. CITY MANAGER'S REPORT Kelly Susewind and Pat Bailey from the Washington State Department of Ecology were present to present the Outstanding Wastewater Treatment Plant award to Port Townsend. They praised City Council Business Meeting Page 1 June 16, 2003 the Port Townsend operation highly as one of less than 10% of plants in the state which receive this distinction. Operations Manager John Merchant accepted the award on behalf of the staff. Other staff members present were Mike Bartkus, Marel Harstad, and Dave Rodia. Mr. Timmons announced the reappointment of Eileen Price to the Library Advisory Board. She fills Position 4, term expiring May 1, 2008. The resignation of the City Building Inspector has been received; Mr. Timmons referred to a memo in the council packet outlining plans to explore opportunities for shared services between the city and the county. Mr. Timmons announced the bell would be replaced in the Bell Tower this week. Ms. Sandoval asked about updates on the city's water supply. Mr. Timmons said that staff would begin monthly reports at the next meeting. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Pat Teal: expessed appreciation for the City in being pro-active in its actions protecting children. A1 Cairns expressed frustration with the Planning Department's "cookie cutter" approach to permitting. (Mr. Timmons agreed that staff would report to Council on the matter.) CONSENT AGENDA Hearing no objections, Mayor Kolff declared the following items on the consent agenda approved: Approval of Bills, Claims and Warrants Vouchers 86212 through 86356 in the amount of $372,796.85 Approval of Minutes June 2, 2003 Regular Business Meeting and June 5, 2003 Leadership Workshop Approval of Resolution Resolution 03-016 A RESOLUTION OF THE CITY COUNCIL OF THE CIT OF PORT TOWNSEND, WASHINGTON AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A CONSTRUCTION CONTRACT WITH STAN PALMER CONSTRUCTION OF PORT ORCHARD, WASHINGTON FOR CONSTRUCTION OF THE MORGAN HILL BOOSTER STATION AND WATER MAINS PROJECT UNFINISHED BUSINESS RESOLUTION 03-017 City Council Business Meeting Page 2 June 16, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AFFIRMING THE CITY'S COMMITMENT TO PROTECTING THE CIVIL RIGHTS AND LIBERTIES OF ALL RESIDENTS OF THE CITY OF PORT TOWNSEND. City Attorney John Watts stated that this matter came before the Council on June 2 on a citizen's petition and the matter was carried over to July 21 to allow for staff review. Council requested staff bring the matter forward as soon as possible. The Board of County Commissioners adopted a resolution on June 9, 2003, which is substantially the same as the original petition with some deletions and modifications. Changes are marked on the copy distributed with the council packet and include additional paragraphs affirming support for constitutional rights and removing reference to a requirement that federal and state law enforcement acting in the City comply with City policies, and that the City Manager report to the Council certain information. He added that it is not clear how opposition to "unconstitutional" acts will occur because until the courts adjudicate a provision of the Act, it cannot be said any provision of the Act is in fact unconstitutional. The citizen group in attendance at the BOCC meeting was satisfied that the BOCC resolution met their needs. Pat Perreault, a petitioner, spoke for the group and stated they are happy with the BOCC version of the resolution and support similar action by the City Council. She confirmed that the draft resolution in the packet mirrors the resolution adopted by the Commissioners. Mr. Watts added that if the deleted paragraphs were to remain in the document (regarding the City Manager reporting federal PATRIOT Act activities to the City Council), he stated a requirement to report to the Council could be interpreted as interfering with a federal investigation. Ms. Perreault stated that the citizen group decided that the few issues removed from the original document were not enforceable anyway and would put the sheriff and police chief in an untenable position. She stated that the document has been strengthened in other ways and her group decided it was a good instrument and endorsed it. She added that since the group last appeared before the council, the total of cities and counties adopting such an instrument has grown to 127. Public comment Jerry Chawes: spoke in support of the resolution. Motion: Ms. Sandoval moved to approve Resolution 03-017. Ms. Robinson seconded. Ms. Fenn read portions of the resolution into the record. Friendly amendment: Ms. Fenn proposed that the number of cities and counties in the first line of the lastparagraph on page 2 be changed from 81 to 127 to reflect current numbers accurately. There were no objections. City Council Business Meeting Page 3 dune 16, 2003 Ms. Fenn then proposed that the paragraph requiring the City Manager to share information regarding actions derived from powers granted by the Patriot Act and similar federal orders be reinserted into the resolution. Mr. Watts stated that the issue is that adopting this provision would put the City Manager at risk of violating the law, even if members of the Council think it is the right thing to do; it is problematic to give the manager a directive to break the law. Mr. Timmons gave an example of the FBI arriving and conducting a confidential investigation. He added that he did take an oath of office and in that oath he swore to uphold the law. Ms. Robinson noted that all council members took similar oaths. She stated her personal decision is hers but she is uncomfortable saying it is her duty to legislate what staff does; the resolution states strong disagreement, which is as far as she believes the council, can take it legislatively. Mr. Youse stated he plans to lobby state and national representatives to change the law which he vigorously opposed; however he added that he believes his job as a council member is to vote on city, not national issues. Mayor Kolff stated it would be unfair to put the staff in greater jeopardy than the Council puts itself. He supports the version brought forward with the amendment regarding updating the number of cities that have passed similar legislation. Mr. Youse stated that the United States is not only a democracy but also a republic with representative government and the people need to abide by the laws established by their elected representatives. If representatives do not represent your interests, you don't vote for them. Motion to amend: Ms. Fenn moved to add language to the resolution requesting that state and federal agencies openly inform the City Council of the City of-port Townsend when investigations or actions taken under the -patriot Act are occurring in Port Townsend. The motion died for lack of a second Ms. Robinson stated that she is willing to support this local resolution because of the large number of citizens who are concerned, but it is the job of the federal government to change the law. Vote: the motion carried, 4-1, by voice vote, with Mr. ¥ouse opposed. Motion: Ms. Fenn moved that staff provide copies of the resolution to the regional and local media - Seattle, Bremerton, Port Angeles and_Port Townsend. Ms. Sandoval seconded. The motion carried, 4-1, by voice vote, with Mr. Youse opposed RECESS Mayor Kolffrecessed the meeting at 7:50 for the purpose of a break. City Council Business Meeting Page 4 June 16, 2003 RECONVENE The meeting was reconvened at 8:10 p.m. NEW BUSINESS SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Public Works Director Ken Clow stated that each year the state requires local agencies to list their anticipated transportation projects in order to be considered for state or federal funding. The list is developed by the Transportation Committee, Public Works and input from a public hearing. A public hearing on the 2004-2009 TIP is scheduled for June 30. In answer to council questions, Mr. Clow stated that there is no money in the budget for any of these projects; the TIP is done to seek money at the state and federal level. There was no public comment. Motion: Ms. Robinson moved to set a public hearing regarding the 2004-2009 Transportation Improvement Program for June 30, 2003. Ms. Sandoval seconded The motion carried unanimously, 5-0, by voice vote. SPECIAL WATER/SEWER ASSESSMENTS FOR UPPER SIMS WAY AND SAN JUAN AVENUE Ms. Fenn stated she has a potential financial interest in light industrial property on Thomas Street; a sewer line in the area could conceivably have a financial impact on the property. She recused herself and left the Chambers. Mr. Timmons stated that at the June 5 retreat, Council requested the administration to bring forth an action item to begin addressing the upper Sims Way infrastructure needs. The proposal is to begin the design of improvements to the water system on the south side of upper Sims Way to increase fire flow and to install utility lines in conjunction with the transportation project on San Juan Avenue from 19th to "F" Street. There was no public comment. Ms. Robinson asked how people on the other side of San Juan are currently being served with sewer service. Mr. Timmons stated that there is currently sewer but the line connected to the main line needs to be enlarged and replaced. Ms. Robinson asked what the future supplemental budget for the San Juan project would be. Mr. Clow answered there is no detailed estimate but it will probably be approximately $100,000.00. City Council Business Meeting Page 5 dune 16, 2003 Motion: Ms. Sandoval moved to authorize the City Manager to award a design contract to a qualified consultant(s) to prepare design and contract documents for water and sewer utility improvements to sections of upper Sims Way and San Juan Ave.; and to authorize preliminary approval for establishing special connection charges for Sims and San Juan water and sewer improvements, and direct the city Administration to develop costs, benefit area, and fair share calculation and return to Council for ordinance consideration. Ms. Robinson seconded. The motion carried 4-0, by voice vote, Ms. Fenn recused Ms. Fenn returned to the Chambers. AMBULANCE SERVICE FOR JEFFERSON GENERAL HOSPITAL - MEMORANDUM OF AGREEMENT WITH JEFFERSON GENERAL HOSPITAL Mr. Timmons stated the item is a first touch concerning a draft memorandum of understanding which would direct the City Manager and Hospital Executive Director to review and provide an analysis and recommendation that addresses financial, service and other issues relating to the feasibility of the city providing expanded out of area ambulance service, in addition to the out of area transport service the city currently provides. There was no public comment. Ms. Sandoval asked about an estimated time line. Mr. Timmons replied that it is anticipated the MOU will be ready in July and that it will take approximately three months to go through the framework of charges and sort out the cost/benefit implications. Mayor Kolff asked what kind of service the city provides to the hospital now. Mr. Timmons stated it is occasional service and confirmed that this is a service we do provide but the MOU will take us beyond that level. Motion: Ms. Fenn moved to endorse the City's efforts to provide ambulance transport service for Jefferson General Hospital so long as the City and Fire District 6 levels of service are maintained, and authorize the City Manager to enter into mutual aid agreements or other arrangements as needed to allow the City to provide JGH service and cover City and Fire District 6 service. Mr. Youse seconded The motion carried unanimously 5-0, by voice vote. HUDSON STREET RIGHT OF WAY VACATION SETTLEMENT City Attorney John Watts stated the matter before Council is to approve a settlement of a lawsuit filed against the City by three property owners who own property adjacent to Hudson Street, between Taft and Cosgrove Streets. The basis of the legal action is the state Road law of 1890, under which a county road that remained unopened to the public for a period of five years or more automatically reverts to private ownership. The rights of way in question were dedicated by a plat filed in 1872; the plat was annexed to the City in 1890, and there is no evidence the street was opened within five years of 1872 so therefore the street is vacated by operation of the statute. City Council Business Meeting Page 6 June 16, 2003 The City's insurance authority is of the opinion that the Law of 1890 applies in this case to automatically vacate the rights of way in the lawsuit. The Law will have limited effect as it only applies to plats filed before 1885, generally on the east side of Morgan Hill. As part of the settlement, the southernmost owners agree not to construct buildings closer to Taft than the existing structures located within the originally platted lots; all owners agree not to develop structures within the Hudson Street right .of way. The matter has been discussed by the Council in executive session and the Park and Recreation Advisory Board has been briefed. There was no public comment. Motion: Ms. Robinson moved to authorize the city Manager to settle the Hudson Street legal action referred to in the agenda bill on the terms outlined Ms. Sandoval seconded The motion carried unanimously, 5-0, by voice vote. EXECUTIVE SESSION The Mayor announced at 8:40 that the Council would go into executive to discuss personnel and labor union issues. He stated the session would take no longer than 30 minutes and action could occur after the session. RECONVENE The meeting reconvened at 9:00 p.m. Motion: Mr. Youse moved to authorize the City Manager to issue a voluntary recognition letter recognizing the IAFF as the bargaining unit for the firefighter/EMTs and firefighter/paramedics who are covered by Civil Service. Ms. Robinson seconded The motion carried unanimously, 5- O, by voice vote. Motion: Mr. Youse moved to authorize that the City retain Mr. Steve Didulio as special counsel to issue a letter, in the form presented to Council this evening, to Mr. Greg Walsh concerning the allegations he made on March 3, 2003, and further advise the Council as needed on this matter. This motion is based on Mr. Walsh having stated by letter dated March 19 that a report on allegations he presented to the Council on March 3 would be provided within 10 weeks of his letter of March 19, and no report has been made. Ms. Robinson seconded The motion carried unanimously, 5-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 9:05 p.m. Attest: "Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 7 June 16, 2003