City Council

Oak Harbor City Council Workshop Meeting Minutes July 28, 2021 CALL TO ORDER Mayor Pro Tem Munns called the meeting to order at 2:00 p.m. Due to COVID-19, this was both a physical meeting location and a virtual meeting per WA Proclamation 20-28. The meeting was viewable live via YouTube at www.youtube.com/cityofoakharbor. Public Comments are not normally included for Council Workshops). ROLL CALL City Council Present: Videoconference Staff Present: Videoconference Mayor Robert Severns - absent City Administrator Blaine Oborn Mayor Pro Tem Munns Finance Director David Goldman Councilmember Tara Hizon Development Services Director David Kuhl Councilmember Jeff Mack Senior Planner Dennis Lefevre Councilmember Joel Servatius Operations Manager Steve Bebee Councilmember Erica Wasinger - absent Parks Operations Manager Don Crawford Councilmember Jim Woessner - absent Senior Services Administrator Liz Lange Councilmember Millie Goebel Fire Chief Ray Merrill Police Chief Kevin Dresker Human Resources Director Emma House Harbormaster Chris Sublet City Administrator Assistant Lisa Felix Public Information Officer & IT Manager Sabrina Combs City Clerk Julie Lindsey Also in attendance: City Attorney Grant Weed of Weed, Graafstra & Associates MAYOR Mayor Pro Tem Munns presided over the Workshop today in Mayor Severn’s absence. She noted there were two items for action on the agenda and requested City Clerk Lindsey call the roll as noted above. Motion: Councilmember Servatius moved to excuse those councilmembers who were absent, seconded by Councilmember Hizon. The vote on the motion carried unanimously. Workshop Meeting Minutes July 28, 2021 Page 1 of 5  ACTION ITEMS a. ACTION ITEM Marina Bond Financing - Terms Finance Director Goldman and Harbormaster Sublet reviewed the action item regarding refunding and financing of the 2011 Limited Tax Obligation (LTGO) Marina Bonds that were acquired for dredging at the Marina. The information was a follow-up to that provided to the Council at the July 13, 2021 regular meeting. Director Goldman noted that a preferred offering from Commerce Bank had been received since that meeting, which would offer a $221,692 savings over the life of the loan. Harbormaster Sublet was reviewed the current conditions of the Marina in regard to depth and the need for dredging. The last dredging occurred in 2010 and only half of the Marina was dredged at that time. The dredging fee was implemented in 2010 at $1.15 per foot and then reduced to $1.03 per foot and is only charged to Marina tenants, Harbormaster Sublet reviewed the recommendation of the Marina Advisory Committee for financing Option C, which would raise the dredging fee, but citing the need for making dredging a priority. Public comment was received by Mr. Byron Skubi of Oak Harbor and Mr. Ken Hulett of Oak Harbor, a member of the Marina Advisory Committee. Councilmembers Servatius, Hizon, Mack, Goebel and Mayor Pro Tem Munns provided their respective comments and questions. Motion: Councilmember Hizon moved to direct the City’s Designated Representative to proceed with the issuance of a Limited Tax General Obligation bond using Option C with Commerce Bank, that is contained in the attached Bid Summary. Councilmember Servatius seconded the motion. The vote on the item carried unanimously. b. ACTION ITEM Washington State Auditors Office Data Sharing Agreement - Finance Director Goldman reviewed the action item regarding recent legislation per Section 5 of SB 5432, signed by the Governor on May 12, 2021, requiring data sharing agreements by State agencies with local governments. The City shares financial performance data with the State Auditor’s Office during the annual audit by that agency. The Agreement needs to be in place prior to the start of the annual audit, which is due to begin in the next few weeks. Data is provided to the State Auditor’s Office via their secure FTP site. The Agreement period is from the date of execution through June 30, 2024. Councilmember Mack provided his respective comments and questions. Motion: Councilmember Servatius moved to authorize the Mayor to sign the Interagency Data Sharing Agreement with the Washington State Auditor. The motion was seconded by Councilperson Goebel. The vote on the item carried unanimously. FINANCE a. Whidbey Island Homeless Coalition Donation – Director Goldman reviewed the item and provided background information. $50,000 of funding was included in the year 2021 of the 2021-2022 biennial budget as a contribution to the Whidbey Homeless Coalition as a capital contribution for a building purchase and upgrade. Of this amount, Workshop Meeting Minutes July 28, 2021 Page 2 of 5 $45,000 was programmed as REET 2 Funds based on 2019 legislation. The City has received clarification that in order to use Reet 2 funding, it would need to be included in the City’s Capital Facilities Plan. Since on City projects are part of the Capital Facilities Plan, another source of funding for the $45,000 of this donation. This was not an action item at this time, but rather staff wishing to gain consensus to bring an item for action to a future meeting. Director Goldman suggested use of either the General Fund, Sleeper Road Funds or American Rescue Plan Act (ARPA) funding. Councilmembers Servatius, Hizon, Goebel, and Mack provided their respective comments and questions. It was the consensus of the Council for staff to pursue ARPA funding. MARINA a. Marina Host Agreement - Harbormaster Chris Sublet provided an update regarding the Marina Host, a volunteer position at the Marina for many years, much like a campground host. Duties performed include checking all doors and locks daily after the Marina closes to ensure they are secure, opening and closing the main gate during the off-season and holidays when the Marina is not staffed. Monitoring and stocking restrooms when staff is not present, stocking guest moorage envelopes, providing gate and restroom codes to guests and providing information about local shopping and dining. The host volunteer receives a $475 per month discount for moorage and/or storage fees. The current hosts do a great job and have agreed to continue for the next 12 months. There were no questions or comments from the Council. The Marina Host Agreement will be brought forward at the August 4, 2021 Council meeting. POLICE DEPARTMENT Chief of Police Kevin Dresker took the order of his two reports to Council in the opposite order listed on the agenda. b. New State Legal Requirements Chief Kevin Dresker provided a report regarding 2021 legislative actions and a summary of the effects. The list of bills outlined included: HB 1054 – Police Tactics HB 1088 - Potential Impeachment Discharges HB 1089 – Audit of Independent Investigations HB 1140 – Juvenile Attorney Access HB 1223 – Electronic Recording of Custodial Interrogations HB 1267 – Office of Independent Investigations HB 1310 – Use of Force HB 1320 - Protection Order SB 5051 – Decertification SB 5055 – Grievance Arbitration Policy SB 5066 – Duty to Intervene SB 5259 – Law Enforcement Data Collection SB 5476 – State vs. Blake Decision Workshop Meeting Minutes July 28, 2021 Page 3 of 5 Chief Dresker noted this legislation would have impacts on police and public safety, as well as recruitment and retention. He asked for patience and understanding from the community in the limitations placed on the police force and their responses to calls in the City. Councilmembers Servatius, Mack and Mayor Pro Tem Munns provided their respective comments and questions. a. Police Department Report Chief Kevin Dresker provided a report regarding the jail. Staff is still waiting on information, with conversations about modifying it. He reported some jail staffers have left for various reasons. The City is still contracting with the County and are trying to work out a contract to bring to the Council at a later date. Her reported the department would be losing a total of eight officers by June of next year. Some have moved up their retirement dates, some are due to legislative changes. Chief Dresker noted he wanted Council to be aware of the changes facing the department and their effects on staff. PUBLIC WORKS a. Prowler Memorial Obelisk Parks Operations Manager Don Crawford reviewed the item regarding finding an alternate location for the memorial. The original site determined for placement of the memorial was hindered by the Pioneer Way/Pasek vault, which has been found to have weight bearing restrictions. The Parks Board at their May meeting gave the unanimous recommendation for siting the memorial adjacent to the flagpole in Windjammer Park. Staff concurs with this placement and recommended approval by the City Council. If approved, a 48” x 24’ flatwork concrete strip will be installed to relocate the three memorial benches that are a part of the overall memorial. Mr. Phelps McIlvaine, donor of the Prowler Memorial Obelisk in memory of his nephew, William McIlvaine III, who died during a Navy training exercise in 2013, provided public comment. He thanked the Parks Board and City staff for addressing this and asked the Council to strongly consider the new site, which he deemed vastly better than any other for the memorial. Councilmembers Servatius, Goebel and Mack provided their respective comments and questions. This item will be brought forward for Council action at the August 4, 2021 Council meeting. At the request of Mayor Pro Tem Munns, the Councilmembers present took a brief recess to shake hands with Mr. McIlvaine and thank him for his nephew’s service. ADMINISTRATION a. City Administrator Report City Administrator Oborn provided his report for the months of May and June. Due to the length of the two-month report, he encouraged Council to ask any questions today or by email at their Workshop Meeting Minutes July 28, 2021 Page 4 of 5 convenience. Councilmember Servatius and Mayor Pro Tem Munns provided their respective comments and questions, including suggestions for condensing or summarizing a portion or portions of the data. CITY COUNCIL a. Schedule for City Council Retreat – City Clerk Julie Lindsey reviewed what would be involved for holding the Council retreat in order to meet the Open Public Meetings Act requirements under the Governor’s Proclamation 20-28, which at this time has yet to be rescinded. The retreat must be open to the public, as it always has been. The difference at this time involves the requirements for the retreat to be both a physical and a virtual live meeting. Due to the virtual live requirement, the City do not have the ability to hold a retreat off-site in any location except Council Chambers until such time as the virtual element is lifted or funding for a portable live stream camera/computer system is available. City Attorney Weed concurred with the current mandatory requirement to provide fully remote capability to be in compliance. Councilmembers Hizon, Servatius, Goebel, Mack and Mayor Pro Tem Munns provided their respective comments and questions. Staff will look to coordinate the Council retreat with the budget cycle and schedule a retreat meeting for January/February 2022. ADJOURN There being no further reports or discussions, Mayor Pro Tem Munns adjourned the workshop meeting at 4:19 p.m. Certified by Julie Lindsey, City Clerk Workshop Meeting Minutes July 28, 2021 Page 5 of 5