City Council

CITY OF ABERDEEN 200 East Market Street, Aberdeen, Washington 98520 NOTICE: RCW 42.30 Open Public Meetings Act compliance during the COVID-19 public health crisis has been altered as long as the Governor’s “Stay Home, Stay Safe” Order is in place. In compliance with that Order as amended, and under the guidance of the Washington State Attorney General, as amended, the City Council meeting will be held using Zoom video conferencing. This will allow the public to attend the meeting. To attend this meeting: DAY/DATE: Tuesday, November 10, 2020 TIME: 7:00 PM (Meeting will be called to order at 7:15 PM) ZOOM Link: https://zoom.us/webinar/register/WN_aZr9-_YYQR-5q9Z56HfNhw Please be sure to register prior to the meeting. The Zoom link is also available on the City Council page and City Council Calendar at www.aberdeenwa.gov. For the immediate future under the Order and associated Guidance, the City Council meeting will now include public comment periods. Please email Patricia Soule, City Clerk, at psoule@aberdeenwa.gov and indicate if you would like to comment during the live meeting or have the Clerk read your comment. If you desire to comment live you will be called on during the meeting and allowed to speak for (3) three minutes. Please be sure to put “CITY COUNCIL PUBLIC COMMENT” in the subject line. The City of Aberdeen requests that you provide your full name. If you reside in Aberdeen, please also include your Ward Number; if you do not reside in Aberdeen please let us know where you live.  ABERDEEN CITY COUNCIL November 10, 2020 COUNCIL MEETING AGENDA 7:15 PM – Via Zoom Video COMMITTEE OF THE WHOLE A. Department Heads 1. Patricia Soule – Presentation on 2021 revenues/property taxes B. Mayor’s Report C. Non-Standing Committee Reports COUNCIL MEETING I. ROLL CALL II. APPROVAL OF MINUTES III. ADDITIONS / DELETIONS IV. PUBLIC COMMENT SUBMITTED TO CITY CLERK ON ALL TOPICS V. FINANCE COMMITTEE A. Committee Chair Report B. Approval of expenditures 1. Recommend approval of expenditures and payroll. C. Public Hearings D. Reports & Communications E. Resolutions 1. A Resolution making a declaration of substantial need for purposes of setting the limit factor for the property tax levy in 2020 for collection in 2021. F. Ordinances 1. First reading of Bill No. 20-06 an Ordinance providing for the levy in 2020 upon all taxable property within the City of Aberdeen for 2021 for all municipal purposes authorized by law and fixing the amount thereof pursuant to RCW 84.55.120. 2. Second reading and public hearing of Bill No. 20-05 an Ordinance relating to the disposition of surplus real property, adding a new chapter 3.110, Disposition of Surplus Real Property. VI. PUBLIC WORKS A. Committee Chair Report B. Public Hearings C. Reports & Communication 1. Report from Public Works and Corporation Counsel recommending that the City Council approve the proposed LeMay garbage and recycling annual increases beginning January 1, 2021.  AGENDA Page 2 of 2 2. Report from Public Works and the Public Works Director recommending that the Mayor be authorized to execute an updated Nondiscrimination Agreement and letter of Standard Assurance to be provided to Washington State Department of Transportation. 3. Report from Public Works and the Public Works Director recommending that the City Council declare Equipment #129, (1) 1989 Federal Arrow Board as surplus and authorize Public Works to sell at auction. 4. Report from Public Works and the Public Works Director recommending that the Mayor shall be authorized to obligate funding for administrative expenses to fulfill grant requirements. D. Resolutions E. Ordinances VII. PUBLIC SAFETY A. Committee Chair Report B. Reports & Communications 1. Report from Public Safety and the Police Chief recommending that the Aberdeen Police Department be allowed to surplus vehicle #382, a 2006 GMC Envoy, to be sold through public auction or to another law enforcement agency for the fair market value. VIII. SPECIAL AGENDA ITEMS A. Reports & Communication 1. Report from Personnel and the Aberdeen Municipal Court Judge recommending that the City Council adopt the reclassification of the Assistant Court Administrator to a range 16 effective January 1, 2021. 2. Report from Personnel and the Aberdeen Municipal Court Judge recommending that the City Council update the position description and adopt the reclassification of the Court Clerk to a range 15 effective January 1, 2021. 3. Report from Personnel and Human Resources recommending that the Aberdeen City Council approve the MOU with APAU, effective September 25, 2020. B. Proclamation C. Resolutions D. Ordinances E. Appointments 1. Jackie Elsos from Best Western Plus to serve on the 2020 Lodging Tax Committee IX. CITY COUNCIL COMMENT PERIOD X. EXECUTIVE SESSION The City of Aberdeen does not discriminate against or exclude anyone from participation in public meetings. Requests for assistance should be made by contacting the Human Resources Department at 360-537-3207, 24 hours in advance of the meeting. Thank you. This page intentionally left blank.  RESOLUTION No. 2020 - ______ A RESOLUTION MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR FOR THE PROPERTY TAX LEVY IN 2020 FOR COLLECTION IN 2021. WHEREAS, the limit factor for annual property tax levies under RCW 84.55.010 is the lesser of 101% or 100% plus inflation of the highest levy of the most recent three years; WHEREAS, inflation as evidenced by the change for the twelve-month period ending July 2020 as measured by the change in the implicit price deflator (IPD) of .60152 percent (.60152%) except for the amounts resulting from under-utilized levy capacity, for new construction and improvements to property, new annexations, newly constructed wind turbines, and any increase in the value of state-assessed utility property; WHEREAS, the cost of goods and services purchased by the city have risen at a higher rate than the “implicit price deflator for personal consumption” used to set the limit factor; WHEREAS, reductions through attrition, labor concessions, program cuts, and deferred maintenance are not sufficient to preserve essential services and programs; WHEREAS, RCW 84.55.0101 provides for use of a limit factor of 101% with a finding of substantial need by a majority plus one councilmembers; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ABERDEEN: a finding is made of substantial need under RCW 84.55.0101 and a limit factor of 101 percent (101%) is authorized for the City of Aberdeen property tax levy for 2021. PASSED and APPROVED on November __, 2020. ______________________________ ATTESTED: Pete Shave, Mayor _____________________________ Patricia Soule, Finance Director This page intentionally left blank. Bill # 20 - 06 ORDINANCE NO. ____ AN ORDINANCE PROVIDING FOR THE LEVY IN 2020 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF ABERDEEN FOR 2021 FOR ALL MUNICIPAL PURPOSES AUTHORIZED BY LAW AND FIXING THE AMOUNT THEREOF PURSUANT TO RCW 84.55.120. WHEREAS, on October 14, 2020, after notice as required by law, the city council held a public hearing on revenue sources for the city’s following year's current expense budget, including consideration of possible increases in property tax revenues; WHEREAS, the City’s annual regular levy amount in 2020 was $3,040,252; WHEREAS, the population of the city is more than 10,000; WHEREAS, the City’s assessed valuation for 2021 taxes of all taxable real and personal property for regular levy purposes within the city of Aberdeen is estimated to be $1,132,841,027 and for special levy purposes $1,118,172,589; NOW, THEREFORE, SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ABERDEEN: 1. For Regular Property Tax Levy purposes, the 2020 property tax levy for collection in 2021 is $3,084,790, which includes an estimated $5,035,828 in new construction, but may include an increase equal to the amount allowed under the new construction provisions of RCW 84.55.010 and changes in the assessed value of utilities. It is understood that these amounts are based on estimated assessed valuations for 2021 tax collections and it is the intent of the City to levy the maximum amount allowed by law. 2. 2002 Fire/Refunding Bond is exclusive of the special levy for collection in 2021 in the amount of $81,492, previously approved by the citizens of Aberdeen. The ad valorem taxes are levied to raise sufficient revenue to pay the principal and interest payments due in 2021 on the bonded indebtedness of the city. 3. Declaring the need to recover the 2020 ad valorem tax levy over the 2019 tax levies. The Refund levies are in the amount of $16,179.75 for the basic levy and $599.23 for the Fire/Refunding Bond Levy. 4. This Ordinance and the levies herein provided for shall be certified by the Finance Director of the City of Aberdeen to the proper officers of Grays Harbor County as provided by law. SECTION 2. PUBLICATION BY SUMMARY. The Finance Director is authorized and directed to publish the attached summary in lieu of this ordinance. PASSED and APPROVED this ____ day of ______________, 2020. ATTESTED: Pete Schave, Mayor _________________________ Patricia Soule, Finance Director 20 – DRAFT [2020-10-28] ORDINANCE NO._________ AN ORDINANCE RELATING TO THE DISPOSITION OF SURPLUS REAL PROPERTY, ADDING A NEW CHAPTER 3.110, DISPOSITION OF SURPLUS REAL PROPERTY. WHEREAS, the Aberdeen City Council has recommended an ordinance be brought forward relating to the sale of city owned property; and WHEREAS, the City Council finds that the proposed addition is appropriate and necessary for administration of the sale of city owned surplus property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ABERDEEN: SECTION 1. NEW CODE SECTION ADOPTED. The following section 3.110 is hereby added to the Aberdeen Municipal Code: [NEW] 3.110.010 –Purpose. As authorized by, and pursuant to Article 8, Section 7 of the Washington State Constitution, which generally prohibits the City from gifting money or property to private individuals or corporations, RCW 35.22.280(3), chapters 35.94 and 39.33 RCW, and this chapter 3.110 AMC, the City Council intends that this chapter govern the determination of surplus and the disposition of all surplus City property, regardless of type, size, location, or department of origin, except for property managed and controlled by the Park Board pursuant to, the Library Board and Vacations of Right-of-Way (ROW) by Public Works. [NEW] 3.110.020 - Review of City Real Property. A. The Public Works and Community Development Department shall, on an annual basis, review all City-owned, real property and determine which, if any, real property parcels are appropriate for disposition as surplus. In making this initial determination, the departments will communicate with all City departments to verify whether any of them currently use, or in the near future will use, underutilized City real property within a reasonable timeframe. B. In addition to the annual review by these departments, the Mayor and City department heads may request that specific properties be evaluated for surplus disposition at any time. This review may also be initiated by and upon the receipt of an unsolicited purchase offer. C. Any disposition of City real property requires City Council approval as provided in this chapter. [NEW] 3.110.030 - Real Estate Review Committee; Report. A. Upon determining that no City department is using, or will use, an identified parcel of land within a reasonable timeframe, a Real Estate Review Committee (“RERC”) shall review the subject property and prepare a written recommendation to the Mayor as to whether a particular parcel should be declared surplus and, if so, the method of disposition. The RERC shall meet on an as-needed basis, and shall include the following members or their designees: 1. City Attorney, 2. City Department or Division Head most directly affected by the surplus and disposition, 3. The Chairs of the Finance, Public Works and Public Safety Committee, and 4. One member-at-large from the City Council, appointed by the Mayor at the first meeting in January. B. The RERC report shall include at least the following information regarding the subject property: 1. A description of subject parcel’s size, zoning, existing improvements, condition of improvements, ingress/egress, known environmental conditions (findings of environmental reports), historical data and other salient observations. 2. A description of the acquisition and development history of property, including when was the property originally acquired by the City, the source of funds for acquisition, the source of funds for subsequent improvements, how the property is currently used or was used most recently, and the City department(s) involved, etc. 3. The report should identify the City department or fund (e.g., revenue, general, special) which is most logically and/or economically linked to the property. In addition, the report should address the repayment of bonds, grants, or other financing instruments used to acquire the property or which have used the property as security. 4. Before a recommendation for surplus and disposition is made, the RERC shall announce to all City departments and the City Council that the subject property is being evaluated for surplus. If a City department expresses interest in using the property, that department must present a written explanation to the RERC, for inclusion in its recommendation report, of the department’s interest, its intended use, timeline, and operational and financial rationale for maintaining City ownership of the property for use by the interested department. 5. The RERC’s report must describe the efforts made by the RERC to obtain input from and consultation with elected officials, City staff and other groups that may have developed ideas on re-purposing the subject property. 6. The RERC report must also include an estimate of the subject property’s market value. This can be accomplished by the use of a Member of Appraisal Institute (“MAI”) /state certified appraisal, tax assessment, market comparables, and/or a City staff opinion of market value. 7. The RERC report should include any recommended covenants, conditions, or restrictions that the City should place on the subject property before disposed. Examples include 2  access easements, air rights for adjacent property owners, purchase option or right of first refusal for City to reacquire property at a future date, among others. 8. The RERC report should recommend the preferred disposition method from among those listed in AMC 3.110.040. The methods are not mutually exclusive and some properties may require a mixture of the methods. [NEW] 8.110.040 - Allowable Methods of Property Disposition. A. Surplus City real property may be disposed of using any of the following methods: 1. Direct Sale. Using City legal staff, third party title/escrow companies and third party reports such as appraisals and environmental studies, the City may sell property directly to another party. This approach does not require the services of a professional listing broker or the additional considerations of a special disposition. Typical examples for which this method are most well-suited include: a. Remnants, defined as: 1) small parcels of land, usually smaller than 2,000 square feet, 2) irregular shapes, and 3) are unlikely to support any stand-alone development. Remnants are often the leftover parcels from right of way dedications and developments. The most likely buyer of a remnant property will be an abutting property owner. b. Unsolicited offers the City receives from public or private parties on city-owned real estate properties that have not been surplused or are not actively being marketed for sale. c. Sales to Public Development Authorities or Limited Redevelopment Authorities, provided that such sales comply with Chapter 39.33, RCW. d. Sales to non-profit or for-profit affordable housing providers, provided that such sales comply with Chapter 39.33, RCW. 2. Listing with Real Estate Broker. In order to generate the greatest return on the sale of a property, subject to applicable procurement laws, the City may contract with a professional commercial real estate broker who specializes in commercial or residential properties for broker listing in some cases. Broker listings are ideally suited for land parcels and improved properties in established neighborhoods for which (1) the anticipated use of the subject properties will be similar to their present uses, and (2) future development of the subject parcel is expected to conform to the well-established land uses prevalent in the subject property’s vicinity. 3. Land Swaps. The City may also, as specifically authorized by chapter 39.33, RCW, dispose of real property via a land swap with another public entity, such as a school district, county, the federal government, or other municipal corporation. 4. Special Dispositions. Some City-owned real property may merit the use of a special disposition method because they can provide benefits that far exceed the limitations of monetary market value. Special disposition of these properties can further the objectives and goals of the City and can actually be a catalyst for economic development, affordable housing and expansion of community services. All special dispositions should be reviewed 3 for compliance with RCW 39.33 and Article VIII, Section 7 of the Washington State Constitution, which generally prohibits gifting of City property. i. Key characteristics qualifying a property for special disposition status include the following: Properties that have a nexus with a Public Development Authority, such as where the property is within the geographic area of a public development authority (PDA), or where a PDA has expressed specific interest in the subject property. ii. Properties within City-designated investment areas or a neighborhood where redevelopment is a focus of revitalization efforts. iii. Properties with characteristics desirable when providing affordable housing units including access to transit, employment centers, healthcare facilities, schools, and the presence of other relevant factors. The property’s current land use and zoning designations shall not be considered prohibitive to providing affordable housing units. iv. Properties for which there is strong community interest, as expressed by local businesses, schools, and other community organizations. v. Properties which may, if the use is changed from the current use, create a substantial impact on neighboring property owners. vi. The needs of multiple stakeholders, including those mentioned above, may necessitate the use of a disposition method other than a listing or direct sale. vii. The City may use a special disposition method where the City anticipates that a likely buyer will request a zoning change, a street dedication, a right of way vacation, or zoning changes. viii. Special disposition methods may be appropriate where the City retains property rights after the sale of the property, such as access easements, air rights, purchase options, and other conditions not already addressed elsewhere. ix. The RERC report may contain a recommendation for the use of a special disposition method for reasons other than those listed above, based on the specific circumstances. a. Prior to finalizing a report which recommends a special disposition method, the RERC shall hold a public hearing regarding the subject property. The RERC will issue a notice of public hearing no sooner than 10 days and no more than 25 days prior to the hearing. Notice will be sent to all property owners within 300 feet of the subject property. The RERC shall incorporate the public hearing comments in its recommendation report. b. The primary means for performing a special disposition is a City-issued Request for Proposal (“RFP”). The RERC will develop the RFP criteria as part of any recommendation report which recommends disposition via a special disposition process. The criteria used in evaluating responses to the RFP will be enumerated and weighted on a property-specific basis. For instance, the RFP criteria on a residential parcel in one area of the City may vary significantly from that on an industrial property in another area. i. Some RFP criteria may be: A. Compatibility with adopted neighborhood plan. 4  B. Compliance with the City of Aberdeen’s Comprehensive Plan, C. Potential number of affordable housing units which the property can provide, the income level(s) potentially served by such affordable housing development, and the proposer’s experience or capacity in developing and managing affordable housing. D. Job creation potential. E. New tax base expansion or creation potential. F. Ultimate range of purchase price and earnest money. G. Relevant purchase contract conditions. H. Experience and capability of the buyer. c. Timeline for completing the project and/or project phases, as applicable. d. The RFP process may use a direct sale closing process or it may become part of the listing requirements with a licensed broker. Alternatively, the RERC may recommend a long term lease. The RERC report shall contain a recommendation concerning the method of disposition. [NEW] 3.110.050 - Council Action on Disposition. A. Upon receiving the RERC report and the Mayor’s recommendation, the City Council shall undertake consideration of the recommendation to designate the property surplus and, if so, whether and how to dispose of the property. B. With respect to property which is the subject of a RERC report, the Council may: 1. Accept the recommendations as presented, pass a resolution determining the subject property to be surplus and pass a resolution authorizing the City to dispose of the property as set forth in the RERC recommendation report. 2. Modify the RERC report recommendations, declare the property surplus by resolution and pass a resolution authorizing the City to dispose of the property as set forth in the modified RERC recommendations. 3. Return the recommendations to the RERC for further analysis and consideration of specific facts or criteria identified by the City Council. 4. Designate the subject property for long term lease; or 5. Take no action on the recommendation. [NEW] 3.110.060 - Severance. The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this chapter, and they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part. SECTION 2. SEVERABILITY. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional 5 or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. SECTION 3. PUBLICATION BY SUMMARY. The Finance Director is authorized and directed to publish the attached summary in lieu of this ordinance. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage, signing, and publication. PASSED and APPROVED this ____ day of _______________________, 2020. Pete Schave, Mayor ATTEST: Patricia Soule, City Clerk 6 This page intentionally left blank.  LEGISLATIVE DEPARTMENT CITY OF ABERDEEN Mr. Mayor: Hon. Pete Schave The Members of: Public Works Committee To whom was Referred: 2021 Garbage and Curbside Recycling Rate Increase: Harold LeMay Enterprises, Inc. Reports and Recommends as Follows: Pursuant to the contract between the City of Aberdeen and Harold LeMay Enterprises, Inc. (“LeMay”), sections 15 and 16, LeMay has provided notice to City requesting annual increases beginning January 1, 2021 in the following amounts: • 1.46 % increase for residential and commercial garbage service; and • 0.67% increase for residential recycling It is recommended that: City Council approve the proposed LeMay garbage and recycling annual increases beginning January 1, 2021. ____/s/ MPK____________________ ______________________________ Reported by: Committee Chair, Nathan Kennedy Patrice Kent, Corporation Counsel ______________________________ Committee Vice-chair, Joshua Francy Reported __November 10____, 2020 ______________________________ Committee Member, David Haviland Adopted ________________, 2020 ______________________________ Committee Member PUBLIC WORKS COMMITTEE REPORT  GARBAGE AND CURBSIDE RECYCLING CONTRACT SECOND AMENDMENT TO DECEMBER 12, 2012 AGREEMENT This agreement and contract is made and entered into at Aberdeen, Washington this + T\, , day of NG\{(i,""~ 2018 by and between the City of Aberdeen , a municipal corporation (hereinafter "City") and Harold LeMay Enterprises, Incorporated, a Washington corporation (hereinafter " Le May") For and in consideration of the promises, conditions, and payment set forth herein , it is understood and agreed by and between the parties hereto that the December 12, 2012 Agreement (hereinafter " Agreement") as amended by the February 29 , 2016 First Amendment to the Agreement (hereinafter " First Amendment") is amended as follows : Section 7 is amended to read as follows: 7(a) LeMay shall remit to City the sum of two thousand one hundred fifty-two dollars ($2, 152.00) per month, on or before the thirtieth (30 th) day of the calendar month. 7(b) LeMay shall maintain regular daily contact with the City ' s collection department to keep the City's officials advised as to all matters relating to customer service and collection charges, to handle all complaints received by the City, and to advise the City as to all changes in services performed by LeMay for the purposes of billing. Pursuant to Aberdeen Municipal Code 13.08.110(8), delinquent accounts shall result in a lien against the property by the City; LeMay shall not pursue separate collections actions against delinquent accounts, but shall submit those accounts to City for remittance. Reconci Iiation of remittance for de Iinquent accounts shal I occur not less that annually. 7(c) LeMay shall provide quarterly reports to the City of individual account information for residential and commercial accounts, particularly identifying: commercial or residential service, service address , level of service (number and size of receptacles), account standing (e.g. , current, late), residential pickup map, and frequency of Commercial service. Reports shall be provided not later than April 30, July 30, October 30, and January 30 for the immediately preceding three-month period, and shall include partial term accounts as applicable. The first such repo1i will be provided not later than January 30, 2019. Notwithstanding anything contained herein to the contrary, the City shall have no right to routing information prepared by LeMay. 7(d) LeMay shall pay all applicable federal , state, county, and city taxes including but not limited to state refuse collection taxes and public utility taxes. All future tax increases or any new tax will be added to all rates set forth in Exhibit "A" to this Amendment which replaces Exhibit "C" of the Agreement. 2nd Amendment to Dec 12, 2012 Agreement LeMay Enterprises/City of Aberdeen, Washington September 28, 2018 Page 1 of 8  7(e) Any adjustment to the monthly retainage for City administrative costs will be in accordance with a pass-through rate adjustment that would not alter the net proceeds to the contractor. Section 8 is amended to read as follows: The term of this Agreement is five (5) years from date of execution below through December 31 , 2023. At the conclusion of the Second Amendment to December 12, 2012 Agreement, this Agreement may be renewed for an additional two (2) year period (the " Renewal Term", together with the Second Amendment Term , collectively referred to as the "Term"); provided, that neither party provides the other patty with written notice of its intent to terminate the Agreement at least one hundred and eighty ( 180) days prior to the expiration of the Term. Section 15 is amended to read as follows: Attached to this contract are made pat1 of it by reference is Exhibit "A" (formerly Exhibit "C"), which set forth all collection fees pursuant to this contract. The rates in Exhibit "A" (formerly Exhibit "C") may be increased by the direct increase in disposal costs calculated on 64 lbs. per 65 gallon toter, and 96 lbs. per 95 gallon toter, 180 lbs. per yard of container capacity, or actual tonnage in a drop box. The increase is to be implemented on the effective date of increase at the disposal facility. Commencing with the date January 1, 2020 the rates set fo11h in Exhibit "A" (formerly Exhibit "C") shall be increased by 80% of the increase in CPI-U , Seattle-Tacoma-Bellevue, WA , All Urban Consumers, Not Seasonally Adjusted, 1982-84 = 100 (Series ID CUURS49DSA0), when such an increase would cause at least a $0.10 increase in the one standard curb rate. No more than one Cost of Living Index increase shall be allowed in any 12-month period. For cost of living adjustments, comparisons shall be made utilizing the average CPI for the first six months of the year. The contractor shall provide 60 days notice of any increases in rates made pursuant to this section. It is recognized that the City has accepted these rates and passed an ordinance incorporating them as a law of the City of Aberdeen. The approval for any CPI increase shall not be unreasonably withheld, conditioned, or delayed by the City. NEW Section 16 is added to read: l 6(a) Upon date of acceptance, Contractor will increase residential rates by 5.97% to compensate for the drop in the commodity markets . The increase is calculated using the QI /Q22017 average recycle pricing versus the Q 1/Q22018 average recycle pricing. Contractor shall provide City with documentation of recycle rates upon request. 16(6) Commencing with the date January 1, 2020, the residential rates set forth in Exhibit "A" shall be adjusted annually based on the preceding years average recycle 2nd Amendment to Dec 12, 2012 Agreement LeMay Enterprises/City of Aberdeen, Washington September 28, 2018 Page 2 of 8  pri cing. The initi al base rate will be set at negati ve ($53.93) per ton. Co ntrac tor will adj ust rates by the percentage change in the ave rage annual recyc le pricin g. Contractor shall prov ide City with doc umentati on of recyc le rates upon request. I 6(c) If recyc le rates change more than 20% fro m the last recyc le rate adju stment, the Contrac tor can request adju stment from the City during the course of the year. The approva l fo r any recyc le increase/decrease shall not be unreasonabl y withheld, conditioned or delayed by the City. IN WITN ESS WH EREOF the parti es hereto have caused thi s Second Amendm ent to their December 12, 201 2 Agreement as amended to be executed on ; TH- day of N DJt:m~x ~ 20 18. HAROLD LEMA Y ENTERPRI SES, IN C. (Matt O'Co nnell , Di vision Vice Pres ide nt) Attest: (C ity Clerk) 2nd Amendment to Dec 12, 2012 Agreement LeMay Enterpri ses/City of Aberdeen , Washington September 28, 2018 Page 3 of 8  LEGISLATIVE DEPARTMENT CITY OF ABERDEEN MR. MAYOR: Pete Schave THE MEMBERS OF YOUR COMMITTEE ON: Public Works and the Public Works Director TO WHOM IT WAS REFERRED: WSDOT Nondiscrimination Agreement and Standard Assurances REPORTS AS FOLLOWS: In order to receive federal transportation funds, the Federal Highway Administrations (FHWA) requires a Nondiscrimination Agreement (NDA) and Standard Assurances letter be included with an annual Title VI report. Our NDA and Standard Assurances letters are out of date and required to be updated in order to remain compliant to receive federal funds for FHWA funding through the Washington State Department of Transportation. IT IS RECOMMENDED: The Mayor shall be authorized to execute an updated Nondiscrimination Agreement and letter of Standard Assurances to be provided to the Washington State Department of Transportation. _____________________________ ____________________________________ Rick Sangder Nathan Kennedy, Committee Chair Public Works Director Joshua Francy, Vice-Chair Reported , 2020 ____________________________________ Dave Haviland, Member Adopted , 2020 ____________________________________ Liz Ellis, Member This page intentionally left blank.  LEGISLATIVE DEPARTMENT CITY OF ABERDEEN MR. MAYOR: Pete Schave THE MEMBERS OF YOUR COMMITTEE ON: Public Works and the Public Works Director TO WHOM IT WAS REFERRED: Public Works – Surplus of Equipment REPORTS AS FOLLOWS: The Public Works requests to surplus Equipment #129 1) 1989 Federal Arrow Board This arrow board is outdated and no longer used due to the recent purchase of variable message boards. It is our suggestion to surplus this equipment at auction. IT IS RECOMMENDED: That the Public Works Committee and the City Council declare Equipment #129, (1) 1989 Federal Arrow Board as surplus and authorize Public Works to sell at auction. _____________________________ ____________________________________ Rick Sangder Nathan Kennedy, Committee Chair Public Works Director ____________________________________ Joshua Francy, Vice-Chair Reported __________, 2020 ____________________________________ David Haviland, Member Adopted ____________ , 2020 ____________________________________ Liz Ellis, Member This page intentionally left blank.  LEGISLATIVE DEPARTMENT CITY OF ABERDEEN MR. MAYOR: Pete Schave THE MEMBERS OF YOUR COMMITTEE ON: Public Works and the Public Works Director TO WHOM IT WAS REFERRED: Obligation of funds for Pedestrian Lighting on the Chehalis River Bridge REPORTS AS FOLLOWS: The Public Works Department was awarded a grant from the Department of Commerce to provide pedestrian lighting to the western side of the Chehalis River Bridge. The grant contributes $316,540 towards the cost of the installation. Administrative expenses of $5,000 will be paid for by the City. IT IS RECOMMENDED: The Mayor shall be authorized to obligate funding for administrative expenses to fulfil grant requirements. _____________________________ ____________________________________ Rick Sangder Nathan Kennedy, Committee Chair Public Works Director Joshua Francy, Vice-Chair Reported , 2020 ____________________________________ Dave Haviland, Member Adopted , 2020 ____________________________________ Liz Ellis, Member This page intentionally left blank. This page intentionally left blank.  ABERDEEN MUNICIPAL COURT Mayor: The Honorable Pete Schave The Members of Your Committee On: Personnel and the Aberdeen Municipal Court Judge Regarding: Reclassification for Assistant Court Administrator Reports and Recommends as Follows: On October 15, 2020 members of the Personnel Committee met and discussed the proposed revision of the job classification for Assistant Court Administrator. The Municipal Court Judge has requested that the Assistant Court Administrator position be reclassified to a range 16 due to its significant below average pay with comparable courts and because the Court Clerk position, which is a position below the Assistant Court Administrator, should be paid at range 15. The description of duties for this position is as follows: Requires two years court administration experience or four years court clerk experience. Primary duties include preparing and maintaining court dockets, assisting the Court Administrator in the courtroom, performing data entry in the Judicial Information System (JIS), processing all mail including treatment reports, creating and coordinating jury panels, processing all parking citations, maintaining strict compliance with all mandated reporting requirements including the processing of Abstract of Court Records, assisting court clerks with all of their job functions, and performing the job duties of the Court Administrator in her absence. The position is currently a range 15. Only busier courts have the Assistant Court Administrator position. In Grays Harbor County only District Court and Aberdeen Municipal Court have this position. The Court Administrator conducted a survey of courts with this position and comparable caseloads to Aberdeen Municipal Court, the survey showed the position wage to be 20% below market. If the position was reclassified to range 16, it would still be at 17% below the sample market but only 3% less than the lowest paying court. There is one city within the 2020 salary survey comparable cities which has this position, the salary reported is comparable to range 16. This position has been at its current range 15 since the city-wide reclassification in 2006. The analysis is wages only. Total compensation is addressed through collective bargaining as this is a union position. It is recommended by the Municipal Court Judge that the City Council adopt the reclassification to range 16 effective January 1, 2021. ________________________ Sarah Kangas-Hanes PERSONNEL COMMITTEE Human Resources Director ________________________ Pete Schave, Chairman Reported: October 15, 2020 ________________________ Adopted: October , 2020 Dee Anne Shaw, Council President ________________________ Debbie Ross, Member  Annual Paid Family L&I Projected Total Annual 2021 Budget Insurance FICA/MEDI Medical Worker's Pension Total Wage Grade/Step Salary/Wages Costs Leave AM comp 001-03-512-500-10-01 100% Perez Dorene 13a-5 56,978.98 25,848.04 4,358.89 83.58 285.27 6,691.78 94,246.55 100% Watkinson Jacqueline 15a-5 57,560.52 1,579.34 4,403.38 84.43 285.27 7,402.28 71,315.23 100% Yasay Janeth 13a-1 44,969.00 25,848.04 3,440.13 66.10 285.27 5,783.01 80,391.56 Grand Total $ 245,953.33 Annual Paid Family L&I Projected Total Annual 2021 Budget Proposed Increase Insurance FICA/MEDI Medical Worker's Pension Total Wage Grade/Step Salary/Wages Costs Leave AM comp 001-03-512-500-10-01 100% Perez Dorene 15a-5 63,028.77 25,848.04 4,821.70 92.65 285.27 8,105.50 102,181.94 100% Watkinson Jacqueline 16a-5 60,353.88 1,579.34 4,617.07 88.72 285.27 7,761.51 74,685.79 100% Yasay Janeth 15a-1 49,654.00 25,848.04 3,798.53 72.99 285.27 6,385.50 86,044.34 Grand Total $ 262,912.07  ABERDEEN MUNICIPAL COURT Mayor: The Honorable Pete Schave The Members of Your Committee On: Personnel and the Aberdeen Municipal Court Judge Regarding: Reclassification for Court Clerk Reports and Recommends as Follows: On October 15, 2020 members of the Personnel Committee met and discussed the proposed revision of the job classification for Court Clerk. The Municipal Court Judge has requested that the Court Clerk position be reclassified to a range 15 due to the increased amount of work performed by this position and the police services specialist position being reclassified last year to a range 15. The description of duties for this position is as follows: The Court Clerk assists in the administration of the municipal court by working knowledgeably and effectively in a courtroom setting, at the clerk’s window and on the telephone. The Court Clerk must be competent in the use of the Judicial Information System (JIS) and Judicial Access Browser System (JABS), both court networks which require extensive training. The court clerk must have expertise in courtroom practices and procedures, local and state court rules, legal terminology, organization and time management skills, and be able to problem solve and cope with an often-difficult customer base. Specific duties include but are not limited to creating case files; preparing files for court dockets; maintaining the filing system; scheduling court dates; preparing hearing notices; processing criminal, traffic and parking filings; receipting payments and bail monies; processing credit card payments with nCourt; assisting with summons and warrants; preparing bank deposits; processing all collections efforts; maintaining computerized records; processing case destruction reports; processing jail commits; assisting with jury duty processing, processing records requests; filing FTAs with the Department of Licensing; and processing probable cause findings. The training for this position is so extensive that the AFSCME Union agreed that a one-year probation was necessary for new hires as opposed to the City’s standard 6 months. The Court Clerk wage has not been increased since a city-wide reclassification in 2006. Since that time, job duties have increased to include the handling of all court collections, assisting during court sessions, processing nCourt payments, processing PCNs for the Washington State Patrol criminal history database, responding to records requests, running end-of-month and BIT reports, and assisting with jury panels. Detailed descriptions of ongoing and increased duties and the significant workload of the court compared to the AWC survey cities are set forth in the Reclassification Request Form. The position is currently range 13. The AWC survey shows the position salary at 92% for comparable cities for 2020, the comparable courts have significantly less caseloads and perform significantly less work. The position was not reclassified during the 2020-2022 negotiations as it was at 95% for comparable cities in 2019 and only positions below 95% were adjusted to reach 95%. The Municipal Court Judge is requesting a reclassification to range 15. If the position was reclassified to range 15 it would be at 102% of the AWC survey comparable cities. The police services officer position is at 105% of the AWC survey comparable cities. The analysis is wages only. Total compensation is addressed through collective bargaining as this is a union position.  It is recommended by the Municipal Court Judge that the City Council adopt the reclassification to range 15 effective January 1, 2021. ________________________ Sarah Kangas-Hanes PERSONNEL COMMITTEE Human Resources Director ________________________ Pete Schave, Chairman Reported: October 15, 2020 ________________________ Adopted: October , 2020 Dee Anne Shaw, Council President ________________________ Debbie Ross, Member  CITY OF ABERDEEN • 200 East Market Street, Aberdeen, Washington 98520 PERSONNEL COMMITTEE 3rd Floor Committee Room October 15, 2020 4:00 p.m. AGENDA Action Item I Call to Order Chair II Approval of minutes – September 17, 2020 Chair X III Recommendation to Execute Memorandum of Sarah Kangas- X Understanding with Aberdeen Police Hanes Administrators’ Union IV Request for Update and Reclassification Court Judge Solan X Clerk V Request for Reclassification Assistant Court Judge Solan X Administrator VI Adjourn Chair X Upcoming Items: • The next scheduled meeting is Thursday, November 19, 2020 at 4:00 p.m. Telephone: (360) 537-3207 • Facsimile: (360) 537-3204  Salary Range: 15 Union Status: AFSCME FLSA Status: Non-Exempt DEFINITION: Performs Municipal Court front desk and office duties such as receipting fines and bail monies, answering telephone and in-person inquiries regarding procedures, schedules, and fine amounts; sets court dates for traffic and parking; maintains computerized records, logging criminal, traffic and parking filings. Persons assigned to this classification may interpret for Spanish-speaking defendants. Must learn to be proficient in using the Judicial Information System (JIS) and Judicial Access Browser System (JABS). REPORTS TO: Court Administrator SUPERVISES: May assist temporary or part-time clerical workers. DISTINGUISHING CHARACTERISTICS: Incumbents in this classification are responsible for Municipal Court front desk office, technical, and cashiering duties for court fines and bail monies. Assignments require the ability to understand and apply court rules and procedures. The incumbent in this class may be bilingual and act as interpreter for Spanish-speaking defendants. ESSENTIAL JOB FUNCTIONS: • Performs front desk duties, answers telephone, files cases in JIS. • Answers questions regarding court-related matters and procedures. • Receipts payments and bail monies in compliance with state audit regulations. • Balances daily receipts and prepares bank deposits. • Processes credit card payments as needed with NCOURT. • Responsible for collections processing, receipting, referral and auditing of collection accounts. • Assists with summons, warrants and hearing notices. • Acts as courtroom clerk for traffic cases and processes cases accordingly in JIS. • Schedules and maintains traffic calendars and hearing notices for court proceedings. • Performs data entry, maintains computerized records, logs in all criminal, traffic and parking filings. • Prepares case files, schedules court dates, records PCN’s in accordance with State guidelines. • Assists in criminal court when needed. • Performs end-of-month reconciliation when needed. • Assists with jury duty processing. • Assists during criminal court sessions when needed. • Maintains public records and processes requests. • Processes PCN’s for Washington State Patrol link database. • Notifies DOL of failure to appear, and adjudicates FTA’s as needed. • Assists Judge with probable cause reports and processes as required. • Processes case destruction reports and jail commits. • Processes and runs BIT reports. • May interpret for Spanish-speaking defendants • Performs other duties as assigned. CITY OF ABERDEEN COURT CLERK WORK ENVIRONMENT/EQUIPMENT USED: Work is performed at a front desk municipal court location requiring continuing contacts with defendants and other high stress situations. Equipment used includes keyboard, telephone, copy machine, fax machines-computers, ten-key, adding machines and other commonly used office equipment. DESIRABLE QUALIFICATIONS/ABILITIES AND SKILLS: • Knowledge of general office practices and procedures. • Knowledge of operation of the court system and case processing. • Knowledge of bookkeeping practices and ability to keep financial records. • Knowledge of filing systems and computer data and recording methods. • Ability to learn and operate JIS and JABS computer system for the courts. • Ability to multi-task, organize work and meet established deadlines. • Ability to follow oral and written instructions. • Ability to establish and maintain effective working relations with co-workers, public officials and the general public. • Ability to make decisions in accordance with law, court policies and procedures. • Ability to work in a high stress environment effectively. • Skilled use in Microsoft Office programs including Word and Excel. • Skilled use of standard office machines and equipment. • Skilled attention to detail and accuracy. • May require Spanish/English interpretation skills. EDUCATION AND EXPERIENCE: Experience, education, or training which provides the level of knowledge, skill and ability equivalent to: High School degree or GED equivalent. One year of office and public contact and problem-solving experience in a high stress environment. Municipal court or law enforcement related experience is desirable. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Must be bondable. State Certification as an interpreter is highly desirable.  Annual Paid Family L&I Projected Total Annual 2021 Budget Insurance FICA/MEDI Medical Worker's Pension Total Wage Grade/Step Salary/Wages Costs Leave AM comp 001-03-512-500-10-01 100% Perez Dorene 13a-5 56,978.98 25,848.04 4,358.89 83.58 285.27 6,691.78 94,246.55 100% Watkinson Jacqueline 15a-5 57,560.52 1,579.34 4,403.38 84.43 285.27 7,402.28 71,315.23 100% Yasay Janeth 13a-1 44,969.00 25,848.04 3,440.13 66.10 285.27 5,783.01 80,391.56 Grand Total $ 245,953.33 Annual Paid Family L&I Projected Total Annual 2021 Budget Proposed Increase Insurance FICA/MEDI Medical Worker's Pension Total Wage Grade/Step Salary/Wages Costs Leave AM comp 001-03-512-500-10-01 100% Perez Dorene 15a-5 63,028.77 25,848.04 4,821.70 92.65 285.27 8,105.50 102,181.94 100% Watkinson Jacqueline 16a-5 60,353.88 1,579.34 4,617.07 88.72 285.27 7,761.51 74,685.79 100% Yasay Janeth 15a-1 49,654.00 25,848.04 3,798.53 72.99 285.27 6,385.50 86,044.34 Grand Total $ 262,912.07  HUMAN RESOURCES DEPARTMENT CITY OF ABERDEEN Mayor: Hon. Pete Schave The Members of Your Committee On: Personnel and the Human Resources Director To Whom Was Referred: Proposed Memorandum of Understanding with Aberdeen Police Administrator’ Union Reports and Recommends as Follows: Members of the Personnel Committee met on October 15, 2020 to discuss Memorandum of Understanding (MOU) with the Aberdeen Police Administrators’ Union (APAU) concerning Article 11. Hours of Work and Overtime. The MOU was written to obtain equal status with the Aberdeen Police Officer’s Guild (APOG) concerning hours of work. It is Recommended: That the Aberdeen City Council approves the MOU with APAU, effective September 25, 2020. PERSONNEL COMMITTEE ________________________ Sarah Kangas-Hanes Human Resources Director ________________________ Pete Schave, Chair Reported: October 15, 2020 _______________________ Council President Adopted: _____________, 2020 _______________________ Council Member Personnel Committee Recommendation  MEMORANDUM OF UNDERSTANDING Aberdeen Police Administrators’ Union (“APAU”) and the City of Aberdeen (“City”) hereby agree that, in order to obtain equal status with the Aberdeen Police Officers’ Guild (“APOG”) hours of work determinations, and effective September 25, 2020 only the following amendments will be made to the 2020-2022 APAU Collective Bargaining Agreement with the City: Article 11 (Hours of Work and Overtime), Paragraph 8 striking only the first sentence which currently reads: “The first twenty (20) hours of training will not be compensated.” Article 11 (Hours of Work and Overtime), adding a new paragraph 11to read “Doffing and Donning. Each lieutenant on any shift will be required to use up to fifteen (15) minutes of time per shift for doffing and donning uniforms and equipment, and which time is in addition to the scheduled start or end time of the shift but for which there is no additional pay in order to reach the commonly accepted “full-time” schedule. With the effective date of September 25, 2020, it is the intent of this Memorandum of Understanding that any training hours completed before September 25, 2020 in compliance with Article 11, Section 8, paragraph 1 (up to the first 20 such training hours) will not be compensated. Executed this ________ day of October, 2020. CITY OF ABERDEEN ABERDEEN POLICE ADMINISTRATORS UNION By: _________________________ By: ____________________________ Pete Schave, Mayor Lt. Kevin Darst Attest: By:_____________________________ Lt. CJ Chastain By: _________________________ Patricia Soule, Finance Director By: _____________________________ Lt. Andy Snodgrass