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HomeMy WebLinkAbout090407CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF SEPTEMBER 4, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the fourth day of September, 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Geoff Masci, Laurie Medlicott, Catharine Robinson, George Randels, and Mark Welch. Michelle Sandoval was excused. Staff members present were City Attorney John Watts, Planning Director Rick Sepler, Public Works Director Ken Clow, Police Chief Conner Daily, and City Clerk Pam Kolacy. Also present until 8 p.m. were Jefferson County Commissioners Phil Johnson, David Sullivan, and John Austin. Also present were Jefferson County staff: County Administrator John Fischbach, Mike McNickle, and Jeanne Baldwin. CHANGES TO THE AGENDA Because of the presence of the Commissioners, Mayor Welch suggested moving discussion of the Clean Water District forward on the agenda to the first item under New Business. There were no objections. PUBLIC COMMENT (Consent and non-agenda items) Public Comment Joshua Bennun: regarding the authority of the position of the city attorney. CONSENT AGENDA Motion: Mr Masci moved for approval of the following items on the consent agenda (with correction of typographical error in August 20 minutes). Mr. Randels seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 102482 through 102603 in the amount of $256, 057.17 Vouchers 821071 through 821073 in the amount of $2,496.07 Cary Council Business Meeting Page 1 September 4, 2007 Approval of Minutes: August 13, 2007 August 20, 2007 Resolution 07-027, authorizing the City Manager to sign a granf agreement with the Washington State Department of Transportation for the pedestrian and bicycle safety program, and to sign a!I necessary documents and contracts for the design and construction of the Sims Way/Hendricks Street pedestrian crossing enhancements project, a bicycle safety education program, and enforcement equipment. UNFINISHED BUSINESS NAVAL MAGAZINE INDIAN ISLAND -LETTER REQUESTING ENVIRONMENTAL IMPACT STATEMENT Mr. Randels informed the council that the Board of County Commissioners took action today to send a separate letter regarding Indian Island to the Navy; since a joint letter is off the table, Council should consider the "City" draft of the letter. Public Comment Bill Dunaway: noted the causality regarding the crane (page 3) is probably the other way around, that decisions regarding closing sites in California led to an upgrade at Indian Island. He added he does not believe this makes much difference to the entire content of the letter. Motion: Mr. Benskin moved to approve the letter from the City Council requesting the US Navy prepare an ElS for expanded activity at Naval Magazine Indian Island. Ms. Robinson seconded. Ms. Robinson proposed that the letter be amended to remove references to "Marrowstone Island" and replace them with "Indian Island." There were no objections. Mrs. Medlicott spoke in opposition to the letter; she stated she applauds the concerns of the citizens but does not believe it is an item appropriate for City Council action. Mr. Masci spoke in opposition, citing jurisdictional issues and the concept of an EIS incorporating cumulative effects. He also stated he would prefer that a reference be made within the letter to the fact that the Council's decision to send the letter was not unanimous. Mrs. Medlicott agreed, stating her preference would be for only those Councilors in favor to sign the letter. City Council Business Meeting Page 2 September 4, 2007 Discussion ensued regarding the issue of the signature. Mr. Watts noted this is not the equivalent of a land use issue where there may be potential individual liability for actions such as interference in the permitting process. Further discussion resulted in agreement that the letter would be sent under the Mayor's signature. Vote: motion carried, 4-2, by voice vote, Masci and Medlicott opposed. NEW BUSINESS CLEAN WATER DISTRICT Mayor Welch noted the presence of the three County Commissioners as well as County Administrator John Fischbach and Mike McNickle of the Jefferson County Health Department. Mr. McNickle reviewed the County's proposed fee per parcel proposal to fund a Clean Water District. He noted that the shellfish industry employees about 300 people and that there are 41 public beaches within the County where shellfish are harvested. The fee proposal is in reaction to the requirements of the Shellfish Protection District requirements for Discovery Bay and to address other areas listed as "Threatened" or areas of "Concern" by the State Department of Health. The fee proposed is $18 on every tax parcel of land in the County. Mr. Masci stated objections that the parcel size assessment is inequitable since some parcels are much larger than others and would pay the same fee; the application proposed is universal and could possibly be moved to septic users, harvesters, or others who are contributing to the problem or are receiving specific benefits. He asked if the County has looked into any other ways of deriving this revenue. Mr. Fischbach noted that there is some latitude, but there is a time limit regarding getting the fee onto the April tax bills. He stated that lawns are a huge problem for pollution going into the Sound and lawns are more numerous in Port Townsend than the rest of the County. Ms. Robinson asked what would happen if collection were postponed for a year to allow discussion of the issue and of an appropriate funding mechanism. Mr. Fischbach stated it is a question of compliance with state law regarding the Discovery Bay shellfish closure; something must be done to solve the Discovery Bay problem; Hood Canal may be next and so it was thought that all of East Jefferson County should be involved. Mr. McNickle confirmed, in answer to Ms. Robinson's question, that the one boundary that has to be addressed is around Discovery Bay and any expansion on City Council Business Meeting Page 3 September 4, 2007 that boundary is set by public policy. He added that another closure would result in the same process and the County wanted to be proactive rather than reactive. In response to a question from Mr. Masci, it was stated that the funding would be used for three full time employees, a boat, supplies and equipment, a hydro lab and water quality analysis. Mr. McNickle added that the new employees would be needed in any case. Mr. Randels asked that his September 3 e-mail to the BOCC be made part of the record. He states that there is a difference between shellfish protection and the broader issue of clean water. It was noted that an a-mail has been received from Council member Sandoval regarding the issue, which will also be part of the meeting record. Mr. Randels stated he finds nothing in the draft ordinance about soliciting participation by the City in determining boundaries, or the mechanism for achieving the required participation by the City in how to administer and how to fund the program. He stated that the statute requires the County to solicit input from the City. He also questioned why the City was just aware of this when action was pending so soon. Mr. Fischbach stated that the City could participate on the advisory board and read a statement from the County Attorney, which indicated this would be sufficient to satisfy the requirement. Mr. Randels stated his belief that this fee is seriously regressive; he does not like this as a permanent funding solution but believes it should be limited due to exigent circumstances. Mr. Fischbach clarified that stating this was a permanent solution was an oversight; they hope this will be a one or possibly two year funding scheme. Commissioner Sullivan stated that the reason the City received information late was that this is a work in progress. He said he regretted the rush as well but the Commissioners found there is a specific deadline for the Treasurer to get tax assessments out. The hurry now is to use the option of adding this fee to the tax bills. He stated that the BOCC recognizes how regressive this is; however, banked capacity may be needed to respond to other emergencies and this is a targeted fee that will go to clean water. He added that the County would be lobbying for changes at the legislature this year. Mr. Welch emphasized the equity issue, noting that the City is being asked to subsidize a County issue; he asked if there had been consideration to establishing multiple districts based on watersheds. City Council Business Meeting Page 4 September 9, 2007 Mr. Sullivan stated that those who live in the City are not separate from the County and there are many side benefits accruing to all County residents; he said that low income and senior exemptions are being considered. Mr. Masci asked what would be cut from the funding proposal if City residents were exempted from the fee. Mr. McNickle stated that if something were to be cut, it would probably be the WSU outreach (item 4). Mrs. Medlicott stated that many people are employed in the shellfish industry; she asked the Council to think regionally and added it seems short sighted of the City to think that the County did not follow the correct process. She would rather focus on the issue. Mr. Benskin suggested raising the fee to $24 rather than $18 per parcel and eliminating participation by residents of the City; then the expenditures for the first year could be covered without City participation and we could discuss whether an adjustment might be supported next year. Mr. Timmons stated there could be rolling implementation through districts and that City residents have already contributed through their utility fees. Mr. Watts stated that he believes the legislation does require City participation prior to the formation of the district. Ms. Robinson stated concerns about a fee per parcel, which doesn't take into consideration the size of the parcel. She asked if the County couldn't find some fairness in setting the fee. She noted that City residents pay stormwater fees and pay for wastewater treatment within the City so it feels they are being hit unfairly. She also objected to the speed of the process and would like to have it slowed down. Mr. Johnson stated the Commissioners are considering the draft at this time, and looking at other possibilities. He noted the options are one regressive tax after another; he stated that legislation is being brought forward by Mason County, which could return two tenths percent of sales tax for a clean water district. ADJOURNMENT -BOARD OF COUNTY COMMISSIONERS (8:00 PM) Motion: Commissioner Sullivan moved to adjourn this meeting to the next scheduled BOCC meeting on Monday, September 70, 2007. Commissioner Johnson seconded. The motion carried unanimously, 3-0, by voice vote. RECESS City Council Business Meeting Page .i September 4, 2007 Mayor Welch declared a recess at 8:01 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:15 p.m. Public comment Dick Bergeron (Brinnon): stated that shellfish protection seems like a government service and should come out of the County's General Fund rather than through the proposed charge per parcel. He asked the City to join the County taxpayers and ask the BOCC to do something more fairly. Brent Butler: cautioned against the expansive nature of the proposed ordinance and stated that the significant issue is that it is a regressive measure. Dana Roberts: said it is hard to understand the special value of a parcel as opposed to a residential unit, acre, etc. He commended the Council for looking at this issue closely. CITY COUNCIL SALARY AND BENEFIT INCREASE Mr. Timmons reviewed the packet material, stating that the Finance and Budget Committee reviewed the information and referred the item forward for full Council consideration. He added that an alternative to contributing to the state system might be to set up a deferred compensation account for Council members. Public comment Brent Butler spoke in favor of increasing Council salaries and benefits. Motion: Mr. Masci moved to bring the issue up for discussion in mid-October and direct staff to prepare an ordinance to implement the 90 hours at minimum wage requirement as a basis for Council salaries. Mr. Welch seconded. Mr Randels recommended that the draft ordinance keep the current ratio of pay between the Mayor and Council members. There was no objection. The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2952 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 20.10 OF THE PORT TOWNSEND MUNICIPAL CODE CONCERNING LAND USE ADMINISTRATION AND ENFORCEMENT BY ADDING POLICY DIRECTION THAT ENFORCEMENT IN CERTAIN CIRCUMSTANCES SHOULD INCLUDE FINES; AND Ciry Council Business Meeting Page 6 September 4, 2007 PROVIDING FOR ISSUANCE OF CIVIL INFRACTIONS, DOUBLE PERMIT FEES WHERE PERSONS COMMENCE WORK WITHOUT REQUIRED PERMITS, RECOVERY OF EXPENSES, AND RELATED CODE ENFORCEMENT MATTERS Mr. Timmons and Mr. Watts reviewed the packet material, noting that the Council requested, in response to citizen concerns, that the matter of code enforcement come before the Council. City administration has been reviewing procedures for code enforcement, and intended already to bring forward an amendment to add issuance of a civil infraction as a code enforcement tool. Police Chief Conner Daily stated that a training program has begun for Police Reserve Officers who will be authorized to issue tickets to code violators. Mr. Randels expressed concern that no additional discretion is triggered by the imposition of a double fee that occurred prior to compliance; he is concerned that bringing the project into compliance does not relieve the offender of the responsibility to pay the fine initially imposed for an infraction. Public comment Joshua Bennun stated the code is not being enforced at all and stated the proposed amendments are fine only if violators are held accountable. He proposed the concept of no compromise, no bargains and no forgiveness and suggested appeals should be to the CD/LU Committee or the City Manager and if criminal, should be referred to the Police and forwarded for prosecution. Owen Fairbanks member of the Non-Motorized Transportation Advisory Board, but not speaking for the group; stated there have been numerous discussions at NMTAB about people who seem to choose to violate the code because they know nothing will happen. He encouraged adoption of the ordinance. David Goldman: noted that there is much discretion to the deciding official, and pointed out many instances of language such as "shall consider", "may issue", "may if he/she deems appropriate" etc. He noted this raises interesting issues about discretion and suggested a "bright line" about discretion, particularly for environmental issues. In some instances he believes discretion should be eliminated. He also believes the fine amounts are way too low. Ms. Robinson said she has heard that is was an issue for staff that there was no clear policy directive from the Council and that voluntary compliance continues to be the norm; this ordinance has many "shoulds" and few "shalls" so how will staff decide on appropriate actions? Police Chief Conner Daily noted that the Police often use discretion in assessing penalties based on certain established criteria. City Councdl Business Meeting Page 7 September 4, 2007 City Attorney Watts cautioned that staff deals on a daily basis with issues that need a certain amount of discretion; automatic issuance of a citation in every case would cause its own problems. He also noted in regard to the amount of fines, that the State has set a limit of $250 per day for a civil citation. Mr. Randels stated that it should be clear there is no discretion for serious offenses. Mr. Benskin noted that any decision maker needs to look at the facts before making a decision; the rush to impose fines and punishments should be tempered with some wisdom and compassion. He asked whether enforcement will be complaint driven or whether we will seek out violators. Mr. Timmons replied that the program is being designed on a complaint basis. Mr. Benskin stated that the City has adequate rules but not adequate enforcement Mr. Timmons noted that the Council will start hearing complaints that the City is overly aggressive and uncompromising if enforcement it taken to a certain point. Mr. Masci stated this is a step in the right direction but the ordinance needs a lot of fine-tuning; the City needs to issue a certificate of compliance when action is taken. He asked if there should be an appeal process that goes to the City Manager prior to the Hearings Examiner with a built in negotiation component. He stated he has no confidence in the proposed changes. Mr. Randels stated the only thing we haven't achieved is deterrence for major offenders; if enforcement is used well, it can change the "atmosphere" of thinking there will be no consequences. He added this ordinance is a step toward this end. Mr. Welch stated that as with every piece of legislation, we need to look toward any unintended consequences; staff should be given the tools and then empowered to do the right thing. Mr. Timmons stated that the measures needed to establish deterrence must be discussed so that Councii can come to agreement; part of the discussion is establishing community values. Motion: Mr. Welch moved to refer the ordinance to the Community Development/Land Use Committee for review and recommendation. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. Ms. Robinson asked that the utility newsletter be used to educate the community. JOINT CITY/COUNTY COMMUNITY TRADE & ECONOMIC DEVELOPMENT (CTED) GRANT APPLICATION City Council Business Meeting Page 8 September 4, 2007 Planning Director Rick Sepler reviewed the packet materials and noted that the purpose of the plan funded by this grant, would be to identify needed improvements that address infrastructure deficiencies, specifically sewer service within the western portions of the City and transportation issues, notably the Mill RoadiSR 20/Discovery Road intersections. There was no public comment. Motion: Mr. Randels moved to direct staff to prepare and submit a joint application with Jefferson County fora CTED Competitive GMA Planning Grant for the 2007- 2009 Biennium and to authorize the Mayor to sign a support letter. Mr. Welch seconded. Motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT UPTOWN DESIGN & PARKING COMMITTEE APPOINTMENT PROCESS: Mayor Welch noted that since two Council members assigned to the Uptown committees (Benskin and Masci) will be leaving the Council at the end of the year, he will ask that incoming Council members be assigned to back up these positions. He indicated that Brent Butler has agreed to participate and he will talk with Dave King. He stated he would bring the appointments forward at the next business meeting. Staff will send the list of appointees to the Council prior to that meeting. EXECUTIVE SESSION Because of the lateness of the hour, consensus was to delay the scheduled Executive Session to a future meeting. ADJOURN There being no further business, the meeting was adjourned at 10:11 p.m. Attest: 0~ ~~ Pam Kolacy, CMC City Clerk City Council Business Meeting Page 9 September 4, 2007