City Council

CITY OF BURLINGTON, WA November 12, 2020 MEETING HELD TELEPHONICALLY DUE TO THE COVID-19 PANDEMIC Mayor Steve Sexton called the meeting to order at 7:00 p.m. with the Pledge of Allegiance. Council members present: Bill Aslett, Keith Chaplin, J. DeGloria, R. DeGloria, Scott Green, Chris Loving and James Stavig. Staff present: Kelly Blaine, Janice Burwash, Brian Dempsey, Geoff Hawes, Brad Johnson, Leif Johnson, Mike Luvera, Kristen Morrison, Katie Olafson, Marv Pulst, Jennifer Ruhland, Jim Rabenstein, Travis Schwetz, Rob Toth, Greg Young, Sarah Ward and Mickey Zitkovich. MINUTES: A motion was made to approve the minutes of the October 22, 2020 Council meeting by Councilors Chaplin/Aslett. 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 bill: a $137,000 clarifier for the Sewer plant. Aslett also commented on a $5,000 purchase for repair work on a police vehicle, sharing that while the amount spent was appropriate for the work received, council should be mindful when reevaluating the life span of equipment for the ER&R schedule. A motion was made by Councilors Aslett/Green to approve Accounts Payable invoices to be paid as of November 12, 2020 in the amount of $325,376.04, and Payroll Expenses for Pay Period Ending October 15, 2020 in the amount of $676,236.06 and Pay Period Ending October 31, 2020 in the amount of $482,544.50. All in favor; motion carried. PUBLIC COMMENTS: City Attorney Leif Johnson stated that a public comment has not 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. COUNCIL COMMENTS: Councilor Chaplin spoke about the COVID rates skyrocketing across the country as well as in our county and encouraged everyone to wear a mask and continue to act safely. MAYOR’S UPDATE: Mayor Sexton shared he had made the decision to close City Hall to the public for the health and safety or the community as well as staff. 1  CITY OF BURLINGTON, WA November 12, 2020 SPECIAL PRESENTATION: Mayor Sexton introduced Court Administrator Mickey Zitkovich to begin the discussion regarding the possible implementation of a community court program for the City of Burlington. Zitkovich introduced Community Court Coordinator Carol Lorenzo and Skagit County District Court Commissioner Jennifer Hawson. Hawson gave a brief overview of the community court program and shared the City of Burlington would be a very welcome addition. Hawson shared community court is a diversion program that connects individuals with low level, non misdemeanor crimes with resource services to prevent repeat offenses and lighten the financial burden and impact on the criminal justice system as well as first responders. Lorenzo shared the Skagit County Community Court Program was one of seven recipients nationwide to receive a grant to help fund this program. The total amount of the grant received was just under $400,000 with the county matching $100,000 bringing the total funding of this program to about $500,000 for a two-year program. The total cost for Burlington to participate in this program would be $10,833 for a 9-month period. Councilor Joe DeGloria spoke in favor of this program and asked if this program would hold people accountable for the offense committed. Hawson shared that under this program the individual being charged would be required to sign a contract stating they would adhere to whatever requirements the assessment deems appropriate. This program not only address accountability but also raises the bar. Councilor Stavig spoke in favor of this program and asked what the consequences were if the individual did not follow through with this program. Hawson discussed a staggering path of consequences set in place if this were to happen all of which are focused on behavior modifications. Further discussion was held on this topic. Mayor Sexton thanked everyone for their participation in this discussion. J. DeGloria shared he would like to see this item on a future agenda. Councilor Aslett shared he would like the City of Burlington to reach out to Sedro-Woolley about their participation in this program. PROCLAMATION: No Proclamation. COMMITTEE & BOARD REPORTS: No Committee & Board Reports OFFICERS REPORTS: City Administrator Greg Young introduced Public Works Director Marv Pulst. Pulst spoke about a grant that was applied for to implement a rail over crossing. Many hours were spent working on this grant involving research and pertinent information to make this grant a success. The City of Burlington application for this grant made it through all 4 2  CITY OF BURLINGTON, WA November 12, 2020 stages of the selection process but was ultimately not awarded. Pulst had the opportunity to meet with a few members of the selection committee and was able to obtain feedback on how to improve the application for a future submittal. Pulst shared that he was optimistic about applying for this grant again in spring of next year. Library Director Sarah Ward was thrilled to share that two full-time Recreation staff members were able to return to work, helping with a project in the Finance Department. Ward also shared that the library was looking forward to slowly start reopening in phases but feels at this time all reopening plans will be paused for the health and safety of the community and staff. Councilor J. DeGloria asked what project was being worked on in the Finance Department. Ward shared the project has been a long overdue organizational project involving cemetery records. Councilor Aslett shared his appreciation of the innovative ways the library has made access available to the community specifically noting the children activities and the recent partnership with the school districts. UNFINISHED BUSINESS: Agreement with Tuttle Engineering – East-West Connector Engineering Services Public Works Director Marv Pulst explained that planned and funded is a new roadway connecting Burlington Blvd with Walnut Street. The new arterial roadway will extend from the existing traffic signal at Costco Drive and Burlington Blvd east to Walnut Street bisecting undeveloped properties east of Burlington Blvd. The traffic signal at the entrance/exit to Costco is key for accessing the undeveloped properties and must be modified extensively. Currently, the signal serves only one property to the east, Skagit Cycle Center. However, its access point and the Costco entrance are offset requiring a split phase operation of the signal which impacts mobility and safety on Burlington Blvd. The signal provides the only safe and efficient means of accessing Skagit Cycle as well as the undeveloped 8 acres. In addition this project will bring economic growth to the community, it will lessen the traffic demand on Burlington Blvd, enhance safety on Burlington Blvd through access management, improves safety at the existing Costco traffic signal and improves mobility within the city. This project will also include bike lanes and sidewalks on each side. Staff solicited for engineering services for design of the new road connector. Tuttle Engineering was chosen based upon their qualifications, experience and their fee proposal was negotiated for $293,941.00. Councilor Loving spoke against this this project and shared he would like to see other projects with more pressing concerns take place. Councilor Chaplin spoke in favor of this project and was pleased to see that this contract would be awarded to a Burlington Firm. A motion was made by Councilors Aslett/Stavig to approve and Agreement with Tuttle Engineering for roadway design and preparation of a construction bid package for the 3  CITY OF BURLINGTON, WA November 12, 2020 new aterial street and authorize the Mayor’s signature. Councilors Aslett/Chaplin/R.DeGloria/Stavig in favor; Councilors Green/J. DeGloria/Loving opposed. Motion carried. NEW BUSINESS: Public Hearing on 2021 Budget Finance Director Joe Stewart explained state law requires that cities follow a standard budget adoption calendar annually that sets out the timelines for not only budget adoption (prior to yearend) but the requirement to hold a Public Hearing in advance of adopting the budget so interested citizens can have a voice in the next year’s budget. Tonight, we will hold the required public hearing with the adoption of the 2021 budget scheduled for a future council meeting. Mayor Sexton opened the public hearing. No public comments were presented. A motion to close the public hearing was made by Councilors Aslett/Loving. Public Hearing on 2021 Property Tax Finance Director Joe Stewart explained the City needs to set next year’s property tax assessment in time for it to be sent to the County for inclusion on the tax rolls. Prior to the Council decision on the preferred property tax assessment for 2021, we are required to hold a public hearing to gain insight from interested citizens. Mayor Sexton opened the public hearing. No public comments were presented. A motion to close the public hearing was made by Councilors Green/J. DeGloria. Washington Paid Family & Medical Leave Act & Supplemental Benefits Kristen Morrison, Human Resources & Administrative Manager explained Washington State’s Paid Family & Medical Leave (PFML) system was effective January 1, 2020. The State’s PFML allows anyone working a minimum of 820 hours to take leave for a qualifying event for themselves or family member, for up to 12 weeks in most cases. PFML pays a benefit of up to 90% of wages, with the year 2020 weekly cap set at $1,000. Per PFML regulations, an employer can elect to offer supplemental benefits, which are defined as a payment from an employer to an employee to make up the difference between their regular wage and the benefit paid by Paid Family and Medical Leave. The supplemental benefit can be provided in a variety of ways, including drawing down a bank of paid time off (PTO) to use as a supplemental benefit in order to “top off” their employee’s benefit payment. The City has the option to provide supplemental benefits in the form of a "top- 4  CITY OF BURLINGTON, WA November 12, 2020 off", which would not provide additional payments or salary contributions to any employee—this would only give an employee the ability to draw down their leave banks during a qualifying event, for which they are receiving PFML benefits. A proposed supplement to the City’s personnel policy has been included for review, along with the proposed resolution in order to formalize the process of PFML and related supplemental benefits, which are currently not addressed in the City’s personnel policy. Councilor Stavig asked if there was a cap on the number of hours that employees could take per pay period. Morrison shared that employees would not be able to use more hours than they would usually accrue during a normal pay period. Councilor J. DeGloria verified that this would be allowing the employee flexibility with using their own time. Morrison explained this would allow the employee to use their own time as well as state benefits. A motion was made by Councilors Stavig/Chaplin to approve the resolution defining the City process of and supplemental benefits related to the Washington Paid Family Medical Leave Act and authorize the Mayor to sign. All in favor; motion carried. Development Briefing City Administrator Greg Young explained to ensure Council is aware of current development trends and issues, Community development will be providing monthly briefings to Council. Each briefing will feature a single project that illustrates the types of development occurring in the community. Community Development Director Brad Johnson gave a project summary of townhomes being constructed on Fairhaven Ave. Councilor Chaplin spoke in favor of this project and was excited about future locations for similar types of development. Councilor Stavig appreciated the update and looks forward to future updates. 2021 Lodging Tax Advisory Committee Grant Award Recommendations City Administrator Greg Young explained Annually the City convenes the Lodging Tax Advisory Committee for the purpose of reviewing grant applications and formulating recommendations to the City Council for awards to be given in the subsequent year. The Lodging Tax Advisory Committee is made up of various hoteliers and others involved in the tourism industry. In this year of COVID, many of the tourism events and activities for which the Lodging Tax monies are intended to advertise and support did not occur. For this reason, only about half of the awarded funds have been spent. As a result, the approach the Committee took this year varied from the normal call for applications, 5  CITY OF BURLINGTON, WA November 12, 2020 reviews, and award recommendation cycle. This year it was decided to not call for new applications but rather consider either rolling over the 2020 awards to serve the same purposes in 2021 or alternatively, consider changes requested by specific grantees to alter how the 2020 awards were to be expended. When the Committee met, 14 of the 17 recipients chose to ask for their 2020 awards to be rolled over to 2021, two recipients asked to be allowed to alter how a portion of their awards are to be spent, and one recipient did not ask for an award in 2021. Of the two awardees who asked the Committee to approve alternative uses for their funds, the Rush Cup asked that $3,500 or their $9,000 year 2020 award be reprogramed into additional advertising in 2021 and the Lincoln Theatre requested that $10,457 of their $12,000 year 2020 award be allowed to be expended as part of their capital project to remodel the theatre lobby to mitigate for COVID-19 and generally improve the attendees experience. Councilor Aslett removed himself from this decision sharing that he was personally connected to one of the organizations in consideration. A motion was made by Councilors Chaplin/R. DeGloria to approve the 2021 Lodging Tax Awards and direct staff to incorporate them into the 2021 budget. All in favor; Motion carried. Potential Use of CARES Money for PUD City Administrator Greg Young explained As noted at our last Council meeting, the PUD has asked the City to consider sending some of our CARES money to the PUD so they can write off selected Burlington water customers whose accounts are greater than 60 days overdue. In addition to being behind in their water bill, there would need to be a statement completed attesting to the fact that the current Pandemic has effected the ability of the customer to pay their water bill and any pay off of past-due bills will be capped at $400 per customer. The last time I spoke to the PUD Manager, the total outstanding bills totaled a little over $10,000. After our last meeting, the Council asked me to contact the PUD and ascertain how many Burlington customers are past due. I found out that the number is changing as certain customers pay off their balances – either in full or in-part, while other customers enter the 60- days overdue classification over time. I was able to verify that the qualification of customers and the routing of the money will go through Community Action of Skagit County so should we decide to participate in this program, our monies would go to Community Action and not directly to the PUD. 6  CITY OF BURLINGTON, WA November 12, 2020 Council shared they would not like to participate in this program. Young shared he would pass council’s decision along to PUD. DISCUSSION No Discussion. EXECUTIVE SESSION: City Attorney Leif Johnson stated that there will be an executive session held pursuant to RCW 42.30.110 to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Johnson stated that there would be a 10-minute break, so the executive session will be held at 9:00 p.m., and is expected to last forty-five minutes, with no action expected at the end of the executive session. ADJOURNMENT: Mayor Sexton adjourned the meeting at 9:45 p.m. Joe Stewart Steve Sexton Finance Director Mayor 7