City Council

Oak Harbor City Council Regular Meeting Minutes October 5, 2021 Due to COVID-19, there was both a physical meeting location and a virtual meeting per WA Proclamation 20-28. Meeting was viewable live via YouTube at www,youtube.com/cityofoakharbor and on Cable Channel 10/HD 1090 CALL TO ORDER Mayor Severns called the meeting to order at 6:00 p.m. Invocation – Led by Pastor Ron Lawler, Family Bible Church Pledge of Allegiance – Led by Mayor Severns ROLL CALL City Council Present: Staff Present: Videoconference Mayor Robert Severns City Administrator Blaine Oborn Mayor Pro Tem Munns Finance Director David Goldman Councilmember Tara Hizon Development Services Director David Kuhl Councilmember Joel Servatius Interim Public Works Director Mick Monken Councilmember Erica Wasinger Fire Chief Ray Merrill Councilmember Jeff Mack Police Chief Kevin Dresker Councilmember Goebel-absent City Administrator Assistant Lisa Felix Councilmember Jim Woessner-absent Public Information Officer / IT Manager Sabrina Combs City Clerk Julie Lindsey Also in attendance: Interim City Attorney Hillary Evans of Kenyon Disend, PLLC Others in attendance included former City Attorney Grant Week and former Assistant City Attorney Anna Thompson EXCUSE ABSENT COUNCILMEMBERS Motion: Mayor Pro Tem Munns moved to excuse Councilmembers Woessner and Goebel, seconded by Councilmember Hizon, motion was approved by a unanimous vote. 1. APPROVAL OF AGENDA Hearing no objections to the agenda, it was approved as presented. 2. PRESENTATIONS a. Proclamations None. Regular Meeting Minutes- October 5, 2020 Page 1 of 6  b. Honors & Recognitions None. c. Community Presentations None. 3. CITIZEN COMMENT PERIOD Mayor Severns explained citizens could comment on subjects of interest. Public comment could be submitted via the online webform, electronically to the City Clerk at jlindsey@oakharbor.org or by calling 360-279-4571 after 5 p.m. on the Friday preceding the meeting and prior to the meeting. To ensure comments are recorded properly, please state your name clearly when leaving a message. Please limit your comments to three minutes. Mayor Severns opened the floor for public comments from citizens in attendance. 1. Mr. Nick Ricci, 939 Carl Avenue (at Candlewood Suites), Oak Harbor, WA addressed the Council regarding the homeless population, vagrancy, community involvement, and a concern for safety for all. 2. Mr. Keagen Beumer, 726 SW London Terrace, Oak Harbor, WA addressed the Council to speak against the vaccine requirements for City employees, namely firefighters. 3. Mr. Zack Phillip, 751 NW 1st Avenue, Oak Harbor, WA, a former member of the Oak Harbor Planning Commission, addressed the Council to voice concern with utility price increases. 4. Mr. Charles Dykema, 2559 Olympic Drive, Oak Harbor, WA addressed the Council regarding homeless issues, the need for safety and progress. The City also received two public comments via webform for this meeting, which were displayed on the screen. Mr. Tom Slovick of the Oak Harbor Police Association thanking the Council for the recent resolution of the police association employees’ contracts. Ms. Ebonie Jordon, of Oak Harbor regarding concerns about the homeless and vagrancy. 4. CONSENT AGENDA Consent Items a. Approval of Payroll and Accounts Payable Vouchers b. Approval of Minutes of the September 21, 2021 Council Meeting and September 22, 2021 Council Workshop Mayor Severns called for any changes or objections, and hearing none, items are approved as pre- sented. 5. MAYOR, COUNCIL & STAFF COMMENTS Regular Meeting Minutes- October 5, 2020 Page 2 of 6  a. Mayor Mayor Severns provided his respective comments and announcements. Upcoming Events - • Fire Prevention Week – October 3-9, 2021 • Regency on Whidbey Job Fair – October 7 from 10 a.m.–4 p.m. – Bring your resume! • Soroptimist Shred Day – October 9 from 10 a.m.–1 p.m. • Read and Create Space is hosting Free Books and Create Activities to Enjoy – Wednesdays October 13 and 27 from 4–7 p.m. • Drive–Thru Trick or Treat Event in the Forest Area by the Oak Harbor Chamber, Friday, October 29 from 3-5 p.m. • No Tricks – Safe Treats - Downtown Oak Harbor – Pioneer Way, Saturday, October 30 from 3–5 p.m. Interim City Attorney – Mayor Severs welcomed Interim City Attorney Hillary J. Evans. Hillary joins the City from the municipal law firm of Kenyon Disend after practicing eight years as a deputy prosecuting attorney in the Civil Division of the Snohomish County Prosecuting Attorney’s Office and four years in private practice. Her diverse practice at Snohomish County included both litigation and risk manage- ment roles. She defended the County in a variety of civil matters, including land use, civil rights, em- ployment, and tort claims in both state and federal courts and on appeal. While in law school at the University of Washington, Hillary worked for the Washington State Attorney General and the King County Prosecuting Attorney’s Office. She now litigates on behalf of numerous Kenyon Disend municipal clients and serves as the City Attorney for the Cities of Mountlake Terrace and Sultan. b. Councilmembers Mayor Pro Tem Munns, and Councilmembers Servatius and Mack provided their respective questions and comments. 6. PUBLIC HEARINGS & PUBLIC MEETINGS None. 7. ORDINANCES & RESOLUTIONS None. 8. CONTRACTS & AGREEMENTS a. Professional Services Agreement: Contract Amendment No. 10 with Semrau Engineering for Development Review Interim Public Works Director Monken provided the background regarding the contract and this addi- tional amendment to supplement the January 10, 2018 Professional Services Agreement. He reviewed past amendments to the Agreement, noting a continuing staff vacancy and an increase in development activity promoted the initial agreement, and this is still the case. Staff is requesting funding to continue the contract through the end of this year. Mayor Severns confirmed the City received no public comments on this item. Regular Meeting Minutes- October 5, 2020 Page 3 of 6 Councilmember Servatius and Mayor Pro Tem Munns provided their respective questions and com- ments. Motion: Councilmember Wasinger moved to authorize the Mayor to sign Amendment No. 10 for the Professional Services Agreement with Semrau Engineering for Surveying & Consulting Services that adds $60,000 to the contract amount, increasing the not-to-exceed contract amount from $320,000 to $380,000. The motion was seconded by Councilmember Hizon and the vote on the motion passed unanimously. b. Interlocal Agreement with Oak Harbor School District – School Resource Officer for 2021- 2022 School Year Chief of Police Dresker provided background information for this annual item; a financial partnership with the School District assigning an officer to provide an active presence in each of the public schools. This officer also provides security at district events and sporting events. Other officers, including him- self, are often invited to or stop by the schools routinely. He noted the contract had been brought up to date to reflect current changes in state law. Mayor Severns confirmed the City received no public comments on this item. Councilmember Wasinger and Mayor Pro Tem Munns provided their respective questions and com- ments. Motion: Mayor Pro Tem Munns moved to authorize the Mayor to sign the Interlocal Agreement with the Oak Harbor School District for a School Resource Officer for the 2021-2022 School Year. The mo- tion was seconded by Councilmember Wasinger and passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION 2022 Lodging Tax Advisory Committee (LTAC) 2% Grant Program Referral to Council Finance Director Goldman reviewed this item for the Council, providing a twelve-year background history of LTAC revenues and grants, and a review of the RCW 67.28.1817 regarding the LTAC. He provided a timeline for 2022 grant applications and evaluations and reviewed the lodging fund balance projec- tions. Mayor Severns confirmed the City received no public comment on this item, Mayor Pro Tem Munns and Councilmember Servatius provided their respective questions and com- ments. Motion: Councilmember Wasinger moved to refer use of Civic Improvement 2% Lodging Tax Funds of $300,000 in 2022 to the Lodging Tax Advisory Committee for review of applications for those funds and their recommendation to City Council. The motion was seconded by Councilmember Mayor Pro Tem Munns. The motion passed unanimously. 10. REPORTS & ITEMS FOR DISCUSSION None. Regular Meeting Minutes- October 5, 2020 Page 4 of 6 11. EXECUTIVE SESSION Mayor Severns announced that the City Council would take a short recess and then move into Executive Session pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee with possible action to follow upon return to the open session. Executive Sessions are not open to the public. He asked of Council the expected duration of the Executive Session, with the consensus of the Council being one hour. Motion: Mayor Pro Tem Munns stated the executive session would be only for the Council members but moved to include former City Attorney Weed and former Assistant City Attorney Thompson to speak to comments made in their letters of resignation. Councilmember Wasinger seconded the motion, which carried unanimously. Councilmember Hizon asked to confirm or request that Interim City Attorney Evans would be present. Mayor Severns called upon Interim City Attorney Evans for her opinion. Interim City Attorney Evans explained the Council could indeed invite former City Attorney Weed and former Assis- tant City Attorney Thompson to attend the executive session and not her, but noted she was now the City’s legal counsel and the former counselors could not provide legal advice. Councilmember Servatius stated the Council would not be requesting legal advice but inviting them to explain their reasonings for resigning and wished for the executive session to include no others but Council due to the sensitive nature of what would be discussed, of which the new Interim City Attorney had no background. Mayor Severns and announced the Council would return to open session at 8:20 p.m. The Council entered into Executive Session at 7:20 p.m. At 8:17 p.m. City Clerk Lindsey announced that the Executive Session would be extended by forty-three minutes to 9:00 p.m. At 8:59 p.m. the Council came out of the executive session and resumed the open session. Motion: Mayor Pro Tem Munns moved to extend the regular meeting past the 9:00 p.m. to 10:00 p.m. per Council Rules of Procedure, seconded by Councilmember Servatius. The vote on the motion carried unanimously. Mayor Pro Tem Munns announced the Council would go back into executive session for thirty minutes. The Council re-entered executive session at 9:03 p.m. At 9:32 p.m. City Clerk Lindsey announced the Council would continue the executive session to 9:59 p.m. At 9:59 p.m., the Council came out of executive session and resumed the open session. Motion: Mayor Pro Tem Munns moved to extend the regular meeting to 10:35 p.m. and to re-enter and extend the executive session until 10:25 p.m. Councilmember Wasinger seconded the motion. The vote on the motion was unanimous. The Council re-entered the executive session at 10:03 p.m. The Council requested Mayor Severns to join the executive session at approximately 10:13 p.m. Mayor Severns and Interim City Attorney Evans joined the executive session at 10:15 p.m. At 10:25 p.m. the Council came out of executive session. Mayor Severns announced the return to open session at 10:28 p.m. Mayor Severns asked if the Council wished to make any motion for action regard- ing the matter discussed. Motion: Mayor Pro Tem Munns read the following prepared motion: “I move that the City Council issue a vote of no confidence regarding City Administrator Blaine Oborn for reasons which include, but are not limited to the following: Regular Meeting Minutes- October 5, 2020 Page 5 of 6 1. Approximately 90 employees have either left the employment of the city or provided their notice of intent to leave, since Mr. Oborn’s date of hire on July 10,2018. While not all separations from em- ployment may be attributable to Mr. Oborn, the numbers represent about 65% of the entire workforce of the City of Oak Harbor. Such a mass exodus is alarming and unprecedented and demonstrates a serious retention concern, gross neglect and mismanagement of the city’s human resources. 2. Several employees have contacted City Council members voicing grave concerns about workplace issues. Such employees have come to Council members rather than the City Administrator and Human Resources because they are uncomfortable doing so and they are fearful of retaliation. 3. The City Administrator has been negligent in communicating with the City Council. Key information, which is essential for informed decision-making has been omitted, withheld, or mischaracterized. One recent example is the street access issue for the Harbor Heights property. The City Administra- tor authorized traffic consultant work for an access alternative that the City Council did not authorize and does not favor. This left the City Engineer, in the public eye, to accept the blame. Another ex- ample is a recent email dated September 9, 2021 from the Interim Public Works Director, under direction of the City Administrator, to all Public Works employees. This email instructed all employ- ees to report all contacts from City Council members. The Council views such instruction as inap- propriate and unnecessary, damaging to employee morale, and an obstruction to effective govern- ment. 4. City Administrator Oborn has exhibited a lack of effective leadership. Many employees have reported that morale is low and this is attributed to the City Administrator. Efforts by some Council members (as authorized by the Mayor) to have employees take a survey addressing this low morale were discouraged and thwarted by Mr. Oborn. 5. The City Attorney issued a letter dated September 20, 2021, giving notice of early termination of services. The letter referenced a compromised working relationship with the City Administrator as the reason for the early termination. The following day, September 21, 2021, the Assistant City At- torney gave notice of her resignation and reported similar concerns as the City Attorney. 6. While the Mayor was incapacitated, Mr. Oborn announced to Department Directors that he was acting with and had “full authority” of the Mayor. Such an announcement is inconsistent with and contrary to the authority of the Mayor Pro Tem who under State Law has authority to act in the absence or incapacity of the Mayor. 7. Based on a review of a recent meeting of the Oak Harbor City Arts Commission, Administrator Oborn attempted to assert control over its meeting by directing staff to establish its agenda and control discussion over the objections of some of the Arts Commission members. 8. Mr. Oborn exhibits substandard and ineffective leadership during City Council meetings. He is often unable to answer questions on key agenda item topics and defers others to staff. He seldom makes the presentation on key issues associated with his job. By ordinance (OHMC 2.05.030), the City Administrator’s responsibilities include: “2(Regularly report to the Mayor and city council concerning the status of all assignments, duties, projects and functions of the various city offices and departments.” “Assist the mayor and council generally in conducting the city’s business in all matters,…” “The City Council finds that the City Administrator has failed the City Council in such duties.” Councilmember Wasinger seconded the motion. The motion carried by a vote of 4 in favor and Coun- cilmember Hizon abstaining. In accordance with Council rules of procedure, Councilmember Hizon ex- plained her extension as follows: “While I share some of Council’s concerns, I fear it will do more harm than good.” ADJOURN Motion: Motion by Councilmember Wasinger to adjourn, second by Councilmember Hizon. Motion was approved by a unanimous vote, therefore the meeting adjourned at 10:38 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes- October 5, 2020 Page 6 of 6