City Council

Oak Harbor City Council Regular Meeting Minutes May 18, 2021 Due to COVID-19, there was NO physical meeting location per WA Proclamation 20-28. Meeting was viewable live via YouTube and was telephonically available at (623)404-9000, Meeting ID: 149 766 1467 (NOTE: Audio only, No Comments). CALL TO ORDER Mayor Severns called the meeting to order at 6:00 p.m. Invocation – Led by Pastor Josh Hubbard, Life Church Pledge of Allegiance – Led by Mayor Severns ROLL CALL City Council Present: Videoconference Staff Present: Videoconference Mayor Robert Severns City Administrator Blaine Oborn Mayor Pro Tem Beth Munns Finance Director David Goldman Councilmember Tara Hizon Senior Planner Cac Kamak Councilmember Joel Servatius Senior Planner Brett Arvidson Councilmember Erica Wasinger City Engineer Alex Warner Councilmember Jeff Mack Operations Manager Steve Bebee Councilmember Millie Goebel Central Services Supervisor Sandra Place Councilmember Jim Woessner - Absent Archeologist/Project Manager Gideon Cauffman Fire Chief Ray Merrill Police Chief Kevin Dresker Assistant City Attorney Anna Thompson Senior Services Administrator Liz Lange Communications & IT Manager Sabrina Combs Senior Assistant to City Administrator Lisa Felix City Clerk Julie Lindsey Also in attendance: City Attorney Grant Weed of Weed, Graafstra & Associates Mayor Severns announced that Councilmember Woessner had requested to be excused. Coun- cilmember Hizon moved to excuse Councilmember Woessner, seconded by Mayor Pro Tem Munns. The vote on the motion passed unanimously, 1. APPROVAL OF AGENDA Mayor Severns called for changes to the agenda. Hearing none, the agenda was approved as presented. 2. PRESENTATIONS a. Proclamations Regular Meeting Minutes- May 18, 2021 Page 1 of 6  i. Public Works Week Mayor Severns noted the Week of May 17th is designated as National Public Works Week by the American Public Works Association (AWPA). The City of Oak Harbor is unique in that we manage our own water, sewer, and garbage utilities and are truly a full-service city. He introduced Operations Manager, Steve Bebee, who read a proclamation signifying National Public Works Week. b. Honors & Recognitions None. c. Community Presentations i. State of the Base Presentation – Captain Matthew Arny, Commander, NAS Whidbey Island Mayor Severns stated the City was honored to have in attendance via video conference, Capt. Matt Arny, Commander, NAS Whidbey Island and his successor, Capt. Eric Hanks. He noted he had asked Capt. Arny to say a few words regarding the State of the Base in what will be his last presentation before Council before he leaves NAS Whidbey. Mayor Severns thanked Captain Arny and NAS Whid- bey for being a great partner and neighbor to the City. Captain Arny noted his appreciation for the friendship and partnership he had enjoyed from Mayor Severns and the City while at NAS Whidbey and as Commanding Officer of what he termed the Navy’s finest air station. He noted the relationship between the City and the Base was a model for all to follow. With 8700 active-duty personnel, plus 2100 civilian government contractors and 800 subcontractors, the economic impact to the region is over $1 billion. Captain Arny provided updates on /base activities, including the transition underway to P*’s, the com- pletion of the Triton missel control facility completed this year, and the replacement of one hangar and the building of another in support of the new growler squadron. He was pleased to report NAS Whidbey has a higher percentage of vaccinated personnel than bases elsewhere in the nation. He provided updates on services offered for both medical and mental health. Captain Arny observed the base had moved past connection of the lagoon to the Clean Water Facility at this time. He reported on the funding provided to the Oak Harbor School District via grant funds for enhanced emergency notifica- tions and aggressively working to increase childcare options on Whidbey Island. Other items of con- cern for the Navy were workforce housing, with basic housing allowances being inadequate compared to costs. Captain Arny also spoke to the Base’s environmental stewardship, including the collection of data for a noise monitoring study to be shared when completed, leadership in marine mammal monitoring and a survey study of Crescent Harbor restoration as well as work on well contamination near Ault Field. Additionally, NAS Whidbey is one of the Navy’s foremost installations for energy initiatives, fiber optic initiatives and 5G technology. In closing, Captain Arny expressed his gratitude to the countless people he had worked with and friended during he and his family’s time at NAS Whidbey, his wife among them for all she has contrib- uted, the many people who make up team Whidbey and the City of Oak Harbor and other partnerships. He noted the July 9, 2021 Change of Command ceremony will be streamed live for virtual attendance. Mayor Severns was joined by the Council in wishing Captain Arny and his family well. Regular Meeting Minutes- May 18, 2021 Page 2 of 6 3. CITIZEN COMMENT PERIOD Mayor Severns explained citizens could comment on subjects of interest. Public comment could be submitted electronically to the City Clerk at jlindsey@oakharbor.org or by calling 360-279-4539 after 5 p.m. on the Friday preceding the meeting and prior 5 p.m. on the day of the meeting. To ensure comments are recorded properly, state your name clearly when leaving a message and limit comments to three minutes. The City received three public comments since our last Council meeting. These comments were for- warded to Council. One was a general comment and was displayed for the meeting record. The other two comments were regarding the Angel de la Creatividad sculpture and were displayed prior to the update on the sculpture later in the meeting. 4. CONSENT AGENDA Consent Items a. Approval of Payroll and Accounts Payable Vouchers b. Minutes of the May 4, 2021 Council Meeting c. Appointment: Bryan Stucky to the Planning Commission, Position 3 d. Contract Amendment No. 01 for David Evans & Associates e. Fort Nugent Electric Flyers – Amendment No. 1 extending the Participation Agreement to May 31, 2022 f. Housekeeping Item: Amendment to Right of Entry Agreement with Youth Sailing Founda- tion, Amendment No. 1 g. Interlocal Agreement: Acceptance of Washington State Military Dept. of Homeland Secu- rity Grant #E210189 h. Professional Services Agreement: Fizz Events for production of the 2021 Whidbey Island Marathon, Amendment 1 i. Purchase Authorization - Copier Replacement for City Hall j. Purchase Authorization - Copier Replacement for Fire Department k. Purchase Authorization – Mini Excavator Mayor Severns called for any objections or changes to the consent agenda. Councilmember Servatius requested to pull item 4.d. Contract Amendment No. 1 with David Evans & Associates for discussion. Hearing no objections or discussion of any other consent agenda items, May Severns announced items 4.a. – 4.c. and 4.e. – 4.k. were approved as presented. Councilmember Servatius noted concerns over a study of the proposed access to the new Horizon Heights Sports Complex as favoring Elwha Road instead of Gun Club Road, which he believed to be the preference of the Council at the last discussion of Harbor Heights and sited a memo received to that effect. Mayor Severns called for discussion with Councilmembers Servatius, Mack, Wasinger, Goebel, and Mayor Pro Tem Munns providing their respective questions and comments. Mayor Severns noted the item would be tabled and discussion continued at the Council’s May 26, 2021 Workshop. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor - Mayor Severns provided his respective comments and announcements. Community Response to COVID-19 Details and resources about the local impact of COVID-19 and City responses can be found on the City’s website, www.oakharbor.org/covid19. Regular Meeting Minutes- May 18, 2021 Page 3 of 6 All Washington Counties are now in Phase 3 The City is following the updates from the Governor’s office and the CDC as they become available. The state is also moving toward June 30th as the date Washington will fully reopen. State health officials will continue to monitor Covid-19 and vaccination data over the coming weeks. At this point the Governor has not lifted Proclamation 20-28 regarding public meetings. Staff will continue to consult with legal counsel regarding resuming in-person meetings including any requirements for continuing virtual meeting aspects. Puget Sound Energy Clean Electricity Benefits Survey Puget Sound Energy is launching a survey for input for its Clean Energy Implementation Plan as part of their goal of becoming a Beyond Net Zero carbon energy company and would like public feedback. The survey will be available until June 1, 2021 and can be accessed from PSE’s website and selecting PSE’s Clean Electricity Benefits survey. Oak Harbor Fire Department Live Fire Training Our Oak Harbor Fire Department will be training on Saturday, May 22nd at 953 SE Ely Street. Crews will be burning an acquired structure beginning at 8 a.m. and ending around 1 p.m. Live fire training provides invaluable training and practical experience for firefighters. Parts of Ely Street will be closed during the training. The City appreciates everyone’s cooperation and patience with the closure. Filing Week for Elected Offices This is filing week for all positions in the State’s November ballot, including four City Council positions. Those interested in filing must do so by Friday, May 21, 2021. More information is available on the Island County Elections website of State website. b. Council Comments –Mayor Pro Tem Munns and Councilmember Servatius provided their comments. 6. PUBLIC HEARINGS & PUBLIC MEETINGS None. 7. ORDINANCES & RESOLUTIONS 7.a. Ordinance No. 1927: Accepting Swantown Land Donation from the DesVoigne Family Senior Planner Cac Kamak gave a short presentation of the Ordinance and reviewed the background on the donation to the City by the DesVoigne Family. The City has conducted a Level 1 environmental analysis and a survey of the property, totaling 2.79 acres with an assessed value of $80,000. The environmental assessment revealed no evidence of current or historical Recognized Environmental Conditions (REC) in connection with the subject property. The family wishes to donate the land to the City to be used for a public purpose for a park, open space and recreation and have specified that it not be used for a dog park. The family wishes to see the property be dedicated to educators and called Educator’s Park. Mayor Severns confirmed no public comments were received for this item. Councilmember Servatius thanked the DesVoigne family for their benevolent gift to the City. Motion: Mayor Pro Tem Munns moved to Accept Ordinance No. 1927 accepting the gift of real estate property from the DesVoigne Family. Councilmember Servatius seconded the motion, which carried unanimously. Regular Meeting Minutes- May 18, 2021 Page 4 of 6 8. CONTRACTS & AGREEMENTS 8.a. Professional Services Agreements: PFM Financial Advisor Services, LLC Finance Director David Goldman presented the item to the Council. As discussed at the March 24, 2021 Council Workshop, in order to explore options for refinancing or refunding the 2011 LTGO Bonds for Marina Dredging, the City’s Debt Policy requires the City to engage the services of a Financial Advisor and Bond Counsel. The City may also have a need for these services for other bond related items in the next few years. Also attending via video conferencing was Duncan Brown from PFM Fi- nancial. Mayor Severns confirmed no public comments were received for this item. Councilmember Servatius provided his questions and comments. Motion: Councilmember Servatius moved to authorize the Mayor to sign a Professional Services Agreement with PFM Financial Advisors, LLC in the amount of $25,000. Councilmember Hizon se- conded the motion, which carried unanimously. 9. OTHER ITEMS FOR CONSIDERATION None. 10. REPORTS & ITEMS FOR DISCUSSION a. Angel de la Creatividad Mayor Severns noted the City had received two public comments since the last Council meeting re- garding this item. These were provided to Council in advance of the meeting and were included on screen as part of the meeting record. City Archaeologist and Project Manager Cauffman assigned to the Angel of Creatividad Project pro- vided an update to the Mayor and Council on several items related to the sculpture. Reviewed for Council were: • RCW 35.21.278 that allows cities to be exempt from prevailing wage on certain projects • Billable hours to be mutually agreed upon and which items will be done by the City staff • Insurance • Right of Entry and Hold Harmless Agreements • The change from a Memorandum of Understanding to a Professional Services Agreement • Alternate locations • Potential funding sources • Sculpture Northwest action items • Community input received, including the breakdown of residents and non-resident’s comments • Whether the Communications Manager should do a survey to get further public input. Archaeologist and Project Manager Cauffman reviewed the next steps. An initial engineer’s inspection noted the sculpture would need to have the paint removed to fully inspect the welds of the sculpture. He thanked all involved for their time thus far. Including the City Council, City Staff, and Therese Kingsbury of Sculpture Northwest and Richard Nash of Sculpture Northwest and liaison to the George Drake estate wishing to gift the sculpture to the City. Staff will provide the next update to Council at the June 30, 2021 Workshop. Councilmember Mack provided his questions and comments. Regular Meeting Minutes- May 18, 2021 Page 5 of 6  b. Concessionaires Agreement: Whidbey Island Farmer’s Market operating in Windjammer Park City Assistant Attorney Anna Thompson provided information on the progress of reaching an Agree- ment with the Whidbey Island Farmer’s Market to Council. She reviewed considerations and concerns raised by both the City and the Market, which wishes to relocate to Windjammer Park after formerly being on School District property. Attorney Thompson reviewed the City’s requirements for all partici- pating businesses to have business licenses and the costs involved for a concessionaire’s agreement and/or special event fee. Councilmembers Hizon and Goebel provided their questions and comments. Staff will meet with the Whidbey Island Farmer’s Market to finalize an agreement and report back to Council. 11. EXECUTIVE SESSION Mayor Severns announced the Council would take a brief recess and then move into executive ses- sion to discuss litigation or potential litigation with legal counsel per RCW 42.30.110 (1) (i). Expected duration was 40 minutes. No action was anticipated. Executive Sessions are not open to the public. The Council entered into Executive Session at 7:40 p.m. Extension of Executive Session - At 8:20 p.m. Mayor Severns announced the Executive Session would be extended to approximately 8:40 p.m. At 8:39 p.m. Mayor Severns announced the Executive Ses- sion would be extended by another 20 minutes to approximately 8:59 p.m. At 8:54 p.m. the Council came out of Executive Session and resumed the open session. Mayor Severns noted no action would be taken at this time regarding the matters discussed. ADJOURN Motion: Motion by Mayor Pro Tem Munns to adjourn the regular Council meeting, second by Coun- cilmember Servatius. The motion was approved by a unanimous vote, therefore the meeting adjourned at 8:55 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes- May 18, 2021 Page 6 of 6