City Council

CITY OF BURLINGTON, WA September 24, 2020 MEETING HELD TELEPHONICALLY DUE TO THE COVID-19 PANDEMIC Mayor Steve Sexton called the meeting to order at 7:01 p.m. with the Pledge of Allegiance. Council members present: Bill Aslett, Keith Chaplin, J. DeGloria, Scott Green, and James Stavig. Staff present: Janice Burwash, Geoff Hawes, Leif Johnson, Kristen Morrison, Marv Pulst, Greg Young, and Sarah Ward. A motion was made to excuse Councilor R. DeGloria by Councilors J. DeGloria/Green. All in favor; motion carried. MINUTES: A motion was made to approve the minutes of the September 10, 2020 Council meeting by Councilors Aslett/Chaplin. All in favor; motion carried. AUDIT OF BILLS: Councilor Aslett discussed the Audit and Finance Committee meeting, wherein bills were reviewed, and noted the following bills: A motion was made by Councilors Aslett/Green to approve Accounts Payable invoices to be paid as of September 24, 2020 in the amount of $383,293.19, and Payroll Expenses for Pay Period Ending September 15, 2020 in the amount of $662,643.95. All in favor; motion carried. Councilor J. DeGloria asked whether a plan for moving forward with the staffing for the Library and Recreation Departments. Councilor Aslett stated that it was not a topic discussed at the Audit & Finance Committee meeting. Councilor J. DeGloria asked whether there was discussion regarding any cost comparisons on furloughs, layoffs, keeping things status quo; Councilor Aslett stated the budget was not deeply discussed, but COVID expenses and CARES funds were discussed. PUBLIC COMMENTS: City Attorney Leif Johnson stated that a public comment has been submitted. L. Johnson stated that members of the public may submit comments or questions by mail to City Hall at 833 S. Spruce Street, ATTN: Greg Young or by email to badministration@burlingtonwa.gov, as the City still cannot by law, hold in-person meetings. L. Johnson recited verbatim the following comment, submitted by John Ballard— 1  CITY OF BURLINGTON, WA September 24, 2020 “Hello, My wife and I have been flying powered paragliders for a few years now and the Burlington Parks were a perfect place for a safe flight. We understand that this is not permitted at this time, however we would like the counsel to consider a permit for this activity as other parks have adopted this activity but have implemented a pretty stringent permit that could apply here as well. Below are some of the requirements that other parks have adopted to allow this activity. We would welcome any changes to this request to allow this kind of activity in your parks. Also we realize that all Burlington parks may not apply to this kind of activity and would welcome any suggestions on where this activity might be more appropriate within the Park areas. Could this activity be allowed if the following conditions are met? - All participants must have an active Permit from Burlington Parks and Rec for Paragliding or powered paragliding activities (ground and air activities) o Permits can be revoked at any time if participants are not in accordance with any of the agreed upon rules o Permits can have an expiration date and must be renewed o Costs? Could be cost associated for processing? o Would reservations for a specific area be required? - All participants must have a PPG2 certification or greater o Shows participants have taken the necessary training for safe operation. o Can be checked on the PPG website - All participants must adhere to FAA Part 103 flight rules. Flight airspace, flight guidance rules and weather all must be within FAA guidelines o These rules include not flying over congest areas, houses or groups of gathered people as well as many other rules that must be adhered to. See the below link on FAA Part 103 rules o https://www.eaa.org/eaa/aviation-interests/ultralights/getting-started- in-ultralight-flying/about-faa-part-103-for-ultralights - No more than 4 participants can use the parks at one time for this activity. Ground or air activities o This adds safety and noise abatement - Activities are restricted to Ground Kiting, take-off, Landing only. 2  CITY OF BURLINGTON, WA September 24, 2020 o Parks usage for this activity is restricted only for ground kiting, take-off and landing only. No flying around or directly over the park for any given length of time. This is for noise abatement and safety. - No activities will be permitted on a specific park field if other activities or any groups of people are using the field or if groups of people are gathering for activities. o *Note – Specific parks areas can be excluded from the list of areas for this activity Background and Typical usage times: We typically only use the parks during early morning or late evening due to wind conditions. This typically means 6:00am->9:00am or 6:00pm->9:00pm operation flight times. These times typically keep us clear of anyone at the parks or activities going on. During our time flying at the park (summer of 2019), we rarely ever saw but more than 2 or 6 people on the entire park area during those timeframes. But we do understand there can be times where park activities take priority over permitted paragliding activities. That would be understood and agreed upon. In summary, I would like to thank you for this time to read through our purposal and hope that it can be discussed during your next counsel meeting. We realize you have an obligation to your community to keep them safe and we respect as our highest priority as well and would like to work with you further. Your parks are incredibly beautiful and we both love flying over the Skagit river early in the morning with a nice breakfast after at Applebee’s. I hope that you can discuss and work with us and the paragliding community for this opportunity. Thank You!! John Ballard and Laurie Ballard Discussion was held on this request being brought to the Parks & Recreation Advisory Committee for consideration. COUNCIL COMMENTS: Councilor Green asked for an update on the timeline of in-person meetings, and any information regarding the next phase of reopening. Mayor Sexton stated that there has been no discussion from the State regarding the timing of the next phase, but that the 3  CITY OF BURLINGTON, WA September 24, 2020 next phase’s implementation will be more streamlined. City Attorney Leif Johnson discussed how the Open Public Meetings Act suspension is still in effect, and that even during phase three, there would likely modifications to how in-person meetings will be held, but will update Council as more information becomes available. Discussion was held the process for upcoming public hearings, which will be modified to comply with health department guidelines and State mandates. Councilor Green asked about the status of the Emergency Proclamation made by the Mayor, and how it could be rescinded; L. Johnson stated that it would require discussion between Mayor and Council to determine the timeline on the proclamation. Councilor J. DeGloria requested a discussion on the emergency powers to be on the next Council agenda. Councilor Stavig asked whether there is any new information regarding restricted funds, and whether there might be loosening of restrictions on the uses in the future. Mayor Sexton stated that the State Legislature has not yet been called into a special session, which is what would be required to change the uses of the funds. Discussion was held on Legislators attempting to meet to make changes sooner rather than later. Councilor Aslett discussed the City vehicle fleet out for bid, and the need to find an economic means of repairing vehicles. Aslett discussed the current modified services and projects available from the Library, and expressed a desire for the Recreation department to also offer modified opportunities. MAYOR’S UPDATE: Mayor Sexton discussed the State dashboard, which shows dramatic improvement COVID cases, and that the data for positive cases continues to trend downward. Mayor Sexton discussed the effects of wearing masks, and the data showing mask wearing contributing to the decrease in positive cases. SPECIAL PRESENTATION: No Special Presentation. PROCLAMATION: No Proclamation. COMMITTEE & BOARD REPORTS: No Committee & Board Reports. OFFICERS REPORTS: IT Director Geoff Hawes updated Council on the computer room in the Police Department, and an issue with the air conditioner which will require a back-up system 4  CITY OF BURLINGTON, WA September 24, 2020 to avoid costly damage to servers. Hawes discussed an upcoming proposal regarding supplementing the air conditioning unit. City Administrator Greg Young discussed CARES money that has been awarded to the Administrator of Courts for the State, so there is a possibility of getting reimbursement for Court expenses. Young stated that there will be some costs incurred by the Court, but that they will be submitted to the State for reimbursement. Library Director Sarah Ward updated Council on the Library’s efforts to support patrons through Express Holds service, virtual tours and visits of the Library for classrooms, as well as projects Library staff has been able to complete during the Library’s closure. UNFINISHED BUSINESS: No unfinished business. NEW BUSINESS: Resolution and Agreement with NC Power Systems Sewer Supervisor Don Erickson discussed the system of City generators, and the sole source resolution which would authorize the purchase and installation of a control panel on a generator located at the Waste Water Treatment. Erickson explained the importance of the generator to the operation, and that NC Power Systems is the only supplier of the replacement panel and an equivalent product is not available from another manufacturer. Public Works Director Marv Pulst discussed the fund source of this electrical control panel A motion was made by Councilors Stavig/Green to approve the resolution and agreement with NC Power Systems (CAT) to supply and install an electrical control panel for the Emergency Generator a the Wastewater Treatment Plant and authorize the Mayor’s signature. All in favor; motion carried. Small Business CARES Act Grants City Administrator Greg Young discussed putting out requests for small business grants utilizing CARES grant funds, and whether Council would like to do so. Young discussed the allocation of CARES funds, FEMA reimbursement, and options the City’s use of those funds. Finance Director Joe Stewart discussed the COVID-related expenses the City has incurred, parameters surrounding FEMA reimbursements, and the allocations of CARES funds to neighboring agencies. Stewart discussed the utilization of CARES funds, which 5  CITY OF BURLINGTON, WA September 24, 2020 include staff salaries of those who are in positions which were greatly changed by the pandemic, and unemployment claims. Councilor J. DeGloria discussed unemployment costs and other incurred costs and stated that they already add up to the amount of grant funding allocated. J. DeGloria discussed the use of the funds and whether the $411,000 in funding would need to last for the remainder of the year. Discussion was held on the rules, parameters, tracking of materials, tracking of staff duties and time; disbursement timeline and reviewing of FEMA and CARES funding. Councilor Aslett expressed concern as there are still costs mounting up for the City of Burlington, so it may not be the right thing to do to put a grant program in place; Councilors Stavig, Chaplin, Green, and J. DeGloria spoke in favor of Councilor Aslett’s statement. Councilor J. DeGloria proposed three alternatives to small business grants: lower the rate of the Business and Occupation, increase the dollar amount by which businesses are waived to five million dollars in gross revenues, or to remove the Business and Occupation tax entirely. John Sternlicht, EDASC stated that anything that can be done for small businesses to support them would be welcome; Sternlicht discussed Burlington businesses’ eligibility to apply for alternate grant. J. DeGloria requested Sternlicht supply Council with a list of resources for grant opportunities. Further discussion was held on how to get grant information and resources to small businesses. The consensus of the Council was to not move forward with CARES Act grants at this time. Portable Radio Replacement Police Chief Mike Luvera discussed phasing in replacements of law enforcement radios, due in part to Skagit County Emergency Services transitioning to a digital signal for 911 emergency communications. Councilor J. DeGloria discussed the cost of the portable radios, and inquired about the possibility of utilizing a cellular phone walkie talkie radio system similar to those used by a family member who is a farmer as an alternative. Luvera explained logistical and technical reasons which would prevent that type of system from being an option. Discussion was held on the technological capabilities of the radios. A motion was made by Councilors Stavig/J. DeGloria to approve the purchase of the radios as quoted by Motorola Solutions. All in favor; motion carried. 6  CITY OF BURLINGTON, WA September 24, 2020 Discussion No discussion. EXECUTIVE SESSION: No executive function. ADJOURNMENT: Mayor Sexton adjourned the meeting at 8:23 p.m. Joe Stewart Steve Sexton Finance Director Mayor 7