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HomeMy WebLinkAbout05242004 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE SPECIAL SESSION OF MAY 24, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in special session this twenty-fourth day of May, 2004, at 6:35 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, and Legal Assistant Bobbie Usselman. Also present was David Wright. BCD/PUBLIC WORKS REORGANIZATION City Manager Timmons thanked everyone involved in the entire process, including the individuals who met with Mr. Harris, and staff and Council for their part in the process to date. Mr. Timmons spoke about his education concerning land use and economics of land use, and his prior experiences with changing permitting processes in other communities. He then gave an overview of the proposed reorganization that was provided in his memorandum to Council dated May 17, 2004, and in a handout that followed his overhead presentation. Mr. Timmons stated the BCD Department would be reorganized creating three separate departments: Development Services Department ("DSD"): This department will be staffed by Jean Walat, John McDonagh, Suzanne Wassmer, Francesca Franklin, Alex Angud and a development engineer. The department would take in information and manage the information through the process. It can seek advice from the Planning Department and Public Works. The development engineer position is unfilled at this time; the market is difficult to recruit. The new Building Department and the Fire Department will be like service centers to DSD. Planning Department: This department will be staffed by Jeff Randall and Judy Surber. It would provide advice to the DSD and handle long-range planning, GMA and Shorelines issues, and will develop guidelines to code and zoning interpretations. City Council Special Meeting Page 1 May 24, 2004 Building Department: This department will be staffed by Ed Jones, Jan Zimmer and an interim building official. The City has spoken with the County about a joint position for the building official. In the interim, we need to hire an experienced building official with authority to make decisions while we work through process with the County to put a plan together. A position of SEPA Official would also be created to work with the Planning Department and DSD. Additional resources may be needed to make the plan work better. Temporary movement or assignment is not a condemnation of any individual. David Wright will be managing the transition, with Penny Westerfield assisting all groups. The current budget will be sufficient to implement the changes for this year, due to savings from unfilled positions. Mr. Timmons emphasized that the approach is not punitive or threatening but a series of positive steps to address continuing issues we have and support code and plans. Resolution 04-023 provides authorization for administration to begin tasks for reorganization. Mr. Harris had list of 22 initial recommendations. Mr. Wright prepared a Gantt chart timeline which is a multi-year process. However, a number of changes can be made now that will improve things. He stated that it is critical we begin process now. Mr. Benskin thanked Messrs. Timmons, Wright and Harris for the work they put into this issue and is impressed with the quality of work that has gone into the project. Ms. Sandoval agreed with Mr. Benskin and wants to make sure we applaud the people that have been designing the change, and the staffthat has been supportive. She noted that additional problems include lack of technical programs and computers that would assist staff. David Wright stated he will try to create an environment for staff and citizens to be successful. The process is a blend of project management and management to get to objectives or goals and to solve problems issue by issue. PUBLIC COMMENT Dan Titterness for the Board of County Commissioners read a letter from the BOCC to Council encouraging joint hiring of a building official and integration of the building and fire code services. Randy Kline, 1127 Adams Street, Port Townsend. He thanked Council for the Rhodyfest. He feels the discussion concerning reorganization is premature and not well thought out. He is critical of the Harris report. He indicated BCD is constantly compared to the County planning department that runs very well. His specific objection is the tone City Council Special Meeting Page 2 May 24, 2004 of the resolution and the City Manager's report. He asks Council to not take action tonight based on these reports. Todd Wexman, 611 Scott St., Port Townsend. He doesn't believe the reorganization will solve the problems that exist. Dan Titterness, BOCC. He encourages Council to proceed with this process. He stated once the unified development code was adopted at the County, staff was pleased. Once you get this combined to a comprehensive document it still won't be final, but it will be beneficial. Staff reorganization is your decision and he won't comment as to whether they should or shouldn't reorganization but urges Council make the best decision it can. Randy Kline: He indicated there are some errors in the reports provided Council. He is critical of Mr. Timmons' comment that staff should not go directly to Council and circumvent the appropriate process. He believes improvements can be made at all levels of City government but it must be done in a positive and constructive action. He suggests if the task force is going to visit jurisdictions that they come to Poulsbo. Poulsbo taxes are equivalent to Port Townsend. RECESS At 8:05 p.m., Mayor Robinson called a recess for the purpose of a break. RECONVENE The meeting was reconvened at 8:18 p.m. Mr. Timmons responded to comments by stating he is not trying to defer or deflect responsibility. Mr. Timmons feels staff should bear some responsibility. Efforts in past have identified improvements to process and we find today we are still not implementing changes. He added he does not approach this as a condemnation of staff, but more of a criticism of the system and the system has problems that do involve staff. We have to be honest to the public that there were concerns about staff. Some comments have been taken personally, but we have no other way to address issues without being honest about it. We've tried to lay out process that we think we can build on. We do not want employees to feel threatened or criticized. I'm not saying staff can't speak to Council but we must respect the process and also recognize that some employees are governed by bargaining unit contracts. I have never denied employees the right to speak to Council or vice versa. I just ask for professional courtesy to be given a heads up regarding the issues and make sure all parties are aware of all the ramifications of an issue. Motion: Mr. Masci moved to adopt Resolution 04-023 authorizing the City Manager to proceed on an interim basis with implementing organizational changes to the Building and Community Development and Public Works Departments. Motion seconded by Mrs. Medlicott. City Council Special Meeting Page 3 May 24, 2004 Mr. Masci mentioned the majority of the changes occur in 60-70 days per the Gantt chart. The way the City relates to different things and departments is always subject to criticism by citizens. Mr. Timmons was hired to help reform City functions. Building and land use issues were drivers at the time, but bigger drivers at the Fire Department and Police Department took time. This has been under discussion for 5-6 years. This isn't new information but recapitulation of what has gone on. We had interim department heads, and it took courage for Jeff Randall to step forward to manage BCD. He lent his hand to reform the process. This is merely another step in the process of change to get better service to citizens. He recommends we let David Timmons do his job; as he has always been consistent. We owe it to the citizens to make decision. We now have the best reflection of community that has existed on Council. We have representatives from all walks of life. This is a fair and equitable decision; trust the City Manager and Department Heads. Ms. Fenn asked where Mr. Wright was on the Gantt chart. Mr. Timmons indicated Mr. Wright would report to him. He is in a support role in the process that will identify problem areas and what resources are needed to bring to my attention. Ms. Fenn asked if Mr. Timmons, as BCD Director will make decisions the prior director made. Mr. Timmons indicated he would farm out those issues to someone on staff or a consultant to handle. Mr. Timmons will report the status of what has been done to Council. Ms. Fenn mentioned her concern about comments about hiring a SEPA official who may not be a member of the community. Mr. Timmons stated he wants to find a local person to act in that capacity, but one who would have a sense of independence and look at it critically and whose qualifications include engineering. She also asked how these changes would affect the budget. Mr. Timmons indicated it is budget neutral for this year and will be budgeted for next year. Ms. Fenn stated her concern when she read text about making it impossible for City employees to have contact with Council. She was under the impression the City Manager was a firewall and is glad to hear the door is open for communication between staff and Council. She feels sometimes staff have ideas to tell Council. Mr. Timmons re-enforces that anyone who knows him knows there is a firewall, but also a willingness to work within a framework of professional respect and courtesy. When it is done in the way it was the last time, he believes it was disrespectful. There are employer/employee relationships that need to be understood. Employees may want to bring something to Council and they may not be aware of other issues, and likewise for Council. He has had numerous requests from employees to talk to Council and has not said no. There is some need to have that issue re-enforced because it has not been respected in the past. Ms. Fenn requested an edit in the resolution to change the word "customers" to "citizens." There is an important distinction between the two. People are looking for an equal application of the law and expect it. Sometimes we communicate the wrong message when we tell people when they go to BCD they are a customer. If they are a City Council Special Meeting Page 4 May 24, 2004 customer, you always try to please them. The City can't function that way and needs an equal application of the code in a level and fair playing field. We should use the word citizen instead of customer. Also, when there is a major decision to be made, she likes alternatives. She likes that this is flexible and is a process being proposed and not an ultimate solution and trusts it more. She likes various options we can consider. She feels resistant to making a decision because she doesn't have other options. Mr. Timmons stated this proposal is a process, not a solution. The solution of the option before you is limited, that is why it is presented as an interim, not permanent, way to get this process on the way. We would have to somehow look at the systems to isolate them and that is part of the process. Ms. Sandoval indicated she is not anti-regulation; she is for planning and believes in following the law and permitting. As a realtor working with the system, it is interesting to be in this position because she finds herself defending the City when citizens get angry at processes or lack of them. Because she knows the people that work at the City she is more ready to defend them, whether good, bad or indifferent. Despite the fact she may be for the staff and support them, she has to say in her experience she still has many very sensible, kind, good-hearted people being frustrated with BCD. She can name dozens of times it occurs in her business; she knows there are issues. It isn't as if we are creating problems in order to create reorganization. We want to try to make it better for citizens and staff. She feels something that is missing is software or a tracking program. She uses the County's on-line permitting system. We are behind the times in that regard. We are not empowering our staff with the technology they need. In the wrap-up she had troubles with the chain of command issue and felt taken aback as to why staff could not talk to Council. She hasn't been to BCD since she was Councilor. She understands the reasoning why there can't be contact, but if they are responsible and not interfering with the City Manager, she doesn't feel it needs to be so severe. Secondly, concerning Mr. Kline's comments that the County runs like a well-oiled machine, she doesn't believe it. In the past, there were more issues about the County than the City. She still sees issues with the County process and is glad we will go slowly on that. Ms. Sandoval asked about what other municipalities have done concerning a SEPA official. Mr. Watts stated he isn't aware of any other City that has gone to a hearing examiner approach, but he is aware they use consultants to act in a special capacity. He stated Lynnwood had a four-member team to serve as a SEPA committee. There are different models being used. A SEPA official would be experienced in the SEPA process, would need to know the legal framework, administrative code of the Department of Ecology, when to use SEPA, have background in the SEPA process, and use critical judgment to analyze factual patterns when proper SEPA is needed. Ms. Sandoval asked about Mr. Wright's role on the fire hall project. Mr. Timmons indicated his role as project manager will be scaled back. The lion's share of the work is complete and is ready to go to Public Works to manage for capital projects. She also asked about performance reviews and Mr. Timmons indicated there would be regular reviews as it is a goal to help coach employees in areas where there are weaknesses. City Council Special Meeting Page 5 May 24, 2004 Mr. Kolff appreciates thoroughness of the reports. In looking at the plan he does see support staff involvement in making changes and to help come up with ways to do a better job. He appreciates good staff and looks at this in a systemic way and it is the best opportunity to make staff more effective. Mr. Benskin agrees with Mr. Kolff and believes we have the opportunity to empower staff to do a better job. He urges going forward on this resolution. He is pleased the County is interested in sharing resources for the same things we do. Mrs. Medlicott stated by law it is Council's job to make policy, and staff's job to implement the policy. Whether or not she likes what is being proposed, she has to trust Mr. Timmons, feels he should be supported and totally supports it. Ms. Fenn commented that the mayor should appoint the working group. She feels we have ignored IT in the City for years and believes the website could function better and hopes we can add something to the budget for that. Ms. Robinson indicated the City Manager should appoint the working group with staff members. If at some point it becomes a citizen group, she would then make appointments. Mr. Timmons stated if it is a citizen group, Council could name the participants. Ms. Robinson asked Council be given routine updates on the process that is scheduled to take a couple of years. Mr. Timmons stated he would include an update in his monthly Manager's Report. David Wright will be the main person managing staff during the process, and he will report to David Timmons. Ms. Sandoval asked for a friendly change to the motion, to change the fifih line of the resolution to read, "in the City of Port Townsend does not 'always' adequately serve 'citizens .... '" Additionally, the word "customer" should be changed to "citizen." Vote: 7-0 in favor. Resolution 94-023 unanimously passed ADJOURN There being no further business, the meeting was adjourned at 9:17 p.m. Minutes by Bobbie Usselman, Legal Assistant Attest: City Clerk City Council Special Meeting Page 6 May 24, 2004