City Council

Oak Harbor City Council Workshop Meeting Minutes October 27, 2021 CALL TO ORDER Mayor Severns called the meeting to order at 2:00 p.m. Due to COVID-19, There 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 or could be viewed on Channel 10. Public Comments are not normally included for Council Workshops). 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 Project Manager Brett Arvidson Councilmember Jim Woessner Streets Lead Rick Fakkema Councilmember Jeff Mack - Absent Parks Manager Don Crawford Councilmember Millie Goebel - Absent Central Services Supervisor Sandra Place Fire Chief Ray Merrill Police Chief Kevin Dresker Human Resources Director Emma House Harbormaster Chris Sublet Senior Services Administrator Liz Lange Finance & Performance Analyst Chas Webster Development Services Admin. Assist. Sarah Heller City Administrator Executive Assistant Macalle Finkle Communications & IT Manager Sabrina Combs City Clerk Julie Lindsey Guests in attendance: Ken Hulett, Chair - Marina Advisory Committee Adrian Santiago – Cyemptive Technology (formerly Interpreting Tech) Also in attendance: Interim City Attorney Robert Zeinemann on behalf of Hillary J. Evans Kenyon Disend, PLLC Workshop Meeting Minutes October 27, 2021 MAYOR a. Employee Morale and Communication Mayor Severns, noted that as he had indicated at the October 19, 2021 Council meeting, he had made a request to staff to provide him with their comments regarding employee morale and communication to share at this meeting. 47 employees responded. Employees submitted comments via email, the comment box at City Hall, to his mailbox at City Hall and through inter-office mail. Mayor Severns extended his sincere thanks to City staff for their frankness. All comments were presented unedited and anonymous and were provided to the City Council prior to today’s meeting. The comments were briefly displayed as part of the meeting record. Mayor Severns reviewed next steps, including effective listening, and continuing of these conversations, and encouraging staff to continue to provide feedback. Common comments in staff submittals included the need for greater communication – within departments, from City Administration and City-wide, concerns with workload, staffing, and budgeting needs, addressing COLA and contract negotiations, identifying ways to encourage and reward staff, addressing language choices and a Council Code of Conduct, and staff presentations and City Administrator reports to Council. Councilmembers Woessner, Servatius, Hizon, and Mayor Pro Tem Munns provided their respective comments and questions. ACTION ITEMS a. Professional Services Agreement, Amendment No. 3 with Moffatt and Nichol for F-Dock and Other Dock Repairs Project Manager Arvidson reviewed the background on the storm damage to the docks as well as the damage caused when a boater struck the navigation pile, requiring an amendment in the amount of $12,570.00. American Construction Services will be mobilizing on-site in January to begin repairs. The City has received grants to aid in the cost of making these repairs. Councilmember Servatius provided his respective questions and comments. Motion: Mayor Pro Tem Munns moved to authorize the Mayor to sign the Professional Services Agreement, Amendment No. 3 with Moffatt and Nichol increasing the total contract amount by $12,570.00 to a new total of $148,179.00. The motion was seconded by Councilmember Servatius and approved unanimously. b. Utility Billing Late Payment Policy Document Finance Director Goldman reviewed the discussion and Council action of October 19,2021, approving Resolution 21-26 in response to delinquent utility amounts now that the moratorium on discontinuation of services has been lifted. Staff subsequently worked with the Interim City Attorney to develop the payment policy and sample agreement. The Interim City Attorney also recommends that the City Council make a motion to authorize the Finance Director to execute payments plans, not to exceed a fixed dollar amount. Any payment plans in excess of that dollar amount would be presented to City Council for approval. Director Goldman was joined by Finance and Performance Analyst Webster in reviewing current statistics on past due accounts as of October 21, 2021, and past policies and codes in place for delinquent accounts. Workshop Meeting Minutes October 27, 2021 Mayor Pro Tem Munns and Councilmembers Woessner, Servatius, Hizon, and Wasinger provided their respective questions and comments. Motion: Councilmember Hizon moved to authorize the Finance Director to execute payments plans, not to exceed $5,000. Mayor Pro Tem Munns seconded the motion, which carried unanimously. MARINA a. Oak Harbor Marina Dredging Project – Informational Update Harbormaster Sublet provided the Council with an update on the shallow depth conditions caused by siltation and need for dredging in the Marina, as well as a history of past dredging’s. He was joined by Ken Hulett, Chairman of the Marina Advisory Committee with both noting the extreme need for dredging and potential costs. Councilmembers Servatius, Woessner, and Mayor Pro Tem Munns provided their respective questions and comments. b. Marina Salmon Rearing Project Update Harbormaster Sublet provided an update on the work underway to create two salmon rearing pens. The Marina had hosted pens from 1982-2012 and halted in 2013 due to State budget restraints. The Marina has applied each year since and on May 23, 2021 received word of approval from the State. The Marina will receive 30,000 fingerlings in December or January. Mayor Pro Tem Munns provided her respective questions and comments. FINANCE a. Public Safety Level of Service Improvement Discussion Finance Director Goldman and Chief of Police Dresker reviewed costs and information presented at prior workshops along with options for the Council to consider in terms of levels of service and cost. Option 1: Includes all items from prior workshops. $1,570,631 average annual cost estimate (all figures cited below are 6-year estimated average annual costs). $377,236 – New items average annual cost (1 Evidence Tech., equipment, police department expansion/remodel, jail services reorganization costs above current budget) $1,193,395 – Stable revenue sources $268,969 – Recent (2 police officers) $924,426 – On-going (software expenses, fleet and equipment replacements, current jail services budget). Option 2: Includes 2 Police Officers, 1 Evidence Tech., purchase of equipment and the expansion/remodel. $506,225 average annual cost. Option 3: Includes 1 Police Officer and purchase of equipment. $191,152 average annual cost. Councilmembers Woessner, Wasinger, and Mayor Pro Tem Munns provided their respective questions and comments. b. Department of Revenue Business License Services Fee Structure Discussion Finance Director Goldman led a discussion by the Council regarding the State of Washington Department of Revenue’s licensing services fee structure and provided comparisons to the City’s current structure. The Council approved the Mayor to sign the Business Licensing Services Workshop Meeting Minutes October 27, 2021 Agreement with the State on August 17, 2021. Councilmembers Woessner, Wasinger, Servatius and Mayor Pro Tem Munns provided their respective questions and comments. c. American Rescue Plan Act – Council Subcommittee Update Finance Director Goldman reviewed the Subcommittee recommendations and requested additional input from Council. Director Goldman will bring a budget amendment to the Council for all items on the November 16, 2021 Council meeting. Mayor Pro Tem Munns, and Councilmembers Woessner, Servatius, and Hizon, provided their respective questions and comments. PUBLIC WORKS a. Biosolids Sustainability Plan Interim Public Works Director Monken provided the Council with background information on the biosolids and provided information, seeking support from the Council to develop a long-term Biosolid Sustainability Plan, the implementation of a short-term pilot application program, and possible disposal program. Director Monken reviewed plan elements, costs and next steps for both short and long-range solutions. Staff’s recommendation is that Council acknowledge support for the development of the Biosolid Sustainability Plan with all proposed elements. Councilmembers Servatius, Woessner, Wasinger and Mayor Pro Tem Munns provided their respective questions and comments. The Council was of a consensus to move forward with the staff’s recommendation. b. Tree Trimming Policy Interim Public Works Director Monken reviewed the citizen request sent to Council that began this discussion. The trees requested to be trimmed are located within a city owned open space. This open space property was acquired by the City from Arnold Freund (Trustee) in 2005. In 2002, the City committed the wetlands and wetland buffer portion of this property to be used as a wetlands mitigation site to compensate for work authorized under the State’s Department of Ecology. In 2015, the City voluntarily imposed a Restrictive Covenant to fulfil the condition of the DOE Order (Attachment 3). In the Restrictive Covenant, under Section 3 Prohibited Uses, Subsection (e) The pruning, cutting down, or other destruction or removal of live or dead trees and other vegetation, except for public safety, is prohibited. Trimming of trees would be a violation of this restriction. In addition, it is estimated that the trees in question are within the buffer of this wetland. Oak Harbor Municipal Code 20.24.030(7) state “Buffer Maintenance. Wetland buffers shall be retained in an undisturbed or enhanced condition.” Trimming would be considered a disturbance. As part of this investigation, City Code was reviewed regarding tree protection policies. The City does have Oak Harbor Municipal Code 20.16 that provides tree protections for only the Garry Oak (Attachment 4). Per the Arbor Day Foundation, Oak Harbor is classified as a “Tree City USA”. DISCUSSIONS Tree Trimming Request - The trees in question are protected from being trimmed under the Oak Harbor Municipal Code (wetland buffer), DOE Order, and the City’s Restrictive Covenants. Any actions to trim these trees would be a direct violation and the citizen request to trim Workshop Meeting Minutes October 27, 2021 public trees should be denied. Interim Director Monken noted that by adoption of a comprehensive Tree Protection Ordinance, the City Council can make policy on how they envision the city’s future of its urban forest character. Many cities have adopted a tree protection/preservation ordinance that can be reviewed and built upon. He explained staff is seeking direction whether the Council wants to have further discussion on this. Councilmembers Servatius and Woessner provided their respective questions and comments. The consensus of the Council was for staff to proceed in developing a Tree Protection Policy and bring that to Council at a later date. c. Discussion of 3rd and Glencoe Park Entrance Interim Director Monken provided background on the unimproved section of SE 3rd Avenue and the investigate action that was imitated following a concern submitted on September 17, 2021 from a resident adjacent to the unimproved right-of-way, sighting inappropriate activities and associated vandalism and littering. An initial review was undertaken with the Police Department, a site visit performed and several areas of concern and possible enhancements were identified. Council was notified about the matter via email on September 28, 2021, and a public process for comment went out on October 7, 2021, with the comment period ending on October 28, 2021. Director Monken reviewed the findings from the inspection of the area for the Council and offered possible solutions and proposed enhancements. Staff was not providing a recommendation at this time awaiting closure of the public comment period. Councilmembers Woessner, Wasinger, Servatius, Hizon and Mayor Pro Tem Munns provided their respective questions and comments. ENGINEERING a. Transportation Benefit District Update City Engineer Warner provided the Council with background and an update on the TBD. The City of Oak Harbor residents passed the Transportation Benefit District initiative in November 2019. For the past two years the City has contracted with Island County to perform the Transportation Benefit District Projects which provided asphalt overlays and chip sealing to local residential streets. The City intends to contract with Island County for the 2022 Transportation Benefit District Projects. The 2020 TBD generated $793,323.14 in revenue. These projects chip sealed 11.2 lane-miles and overlayed 1.1 lane-miles of local streets at the cost of $317,315.92. The ending balance for the 2020 TBD was $476,007.22. The 2021 TBD is projected to generate over $800,000. These projects overlayed 1.5 lane-miles of local streets at the anticipated cost of approximately $250,000. We are awaiting the invoice from Island County to determine the final cost. Additional lane-miles of streets were intended to be overlayed, but it was determined that the condition of AC watermains under these streets could cause water leaks. It was decided to plan to replace these AC watermains prior to overlaying these streets. The ending balance for the 2021 TBD is anticipated to be approximately $550,000. The 2022 TBD revenue is budgeted at $824,000. The 2022 TBD projects intend to chip seal approximately 6 lane-miles and overlay approximately 3.6 lane-miles of local streets. The anticipated cost of this is approximately $500,000. Projects are being accomplished in quadrants. Staff Workshop Meeting Minutes October 27, 2021 anticipates added capacity with the hiring of a new Engineering Technician. Councilmembers Hizon and Servatius and Mayor Pro Tem Munns provided their respective comments and questions. b. NE 7th Avenue Reconstruction Update City Engineer Warner reviewed this grant and local funded project to reconstruct the roadway and construct corridor improvements including continuous sidewalk, bicycle facilities, street lighting and enclosed storm drainage from N Oak Harbor Street to SR 20. Two conceptual designs were presented to City Council at the September 22, 2021 workshop. Option 1 consisted of a two-lane roadway with bike lanes and sidewalks on both sides. Option 2 consisted of a two-lane roadway with a shared use path for pedestrians and bicycles on the south side of the road. In this option the sidewalk on the north side of the road was not continuous. City Council expressed their preference for Option 1. A request was made to eliminate the three-foot wide landscape strip between the road and the sidewalk. A modified Option 1 was prepared for City Council. This option is the same as Option 1 except that the landscape strip has been replaced with a wider sidewalk. Now another modification of the option has been recommended by the engineering consultant to consider included a roundabout at Oak Harbor Street and/or a traffic light with a left turn lane at State Route 20. The cost of the Roundabout is estimated at $1,750,000 for construction and $150,000 for design. Staff requested input and direction from the Council on the proposed additions to the project. Councilmembers Woessner, Servatius, Hizon and Mayor Pro Tem Munns provided their respective questions and comments. Staff will bring the item back for potential action at a future meeting. COMMUNICATIONS/IT MANAGEMENT a. WAVE Internet Services for the City - Update Central Services Supervisor Place provided an update on the change of provider to WAVE Internet Services as approved by the Council at their September 21, 2021 meeting. She reported WAVE has advised the City of a need for implantation plans for both the Clean Water Facility and City Hall to provide a higher level of service desired. WAVE and City IT staff are working together on these plans. The City will continue to use Ziply for the next six months until the plans are completed. b. IT Presentation – Phishing Scheme Communications and IT Manager Combs was joined by Adrian Santiago from Cyemptive (formerly Interpreting Tech) reviewed the details of a recent phishing scheme and how it occurred and affected some members of City staff and the public. The IT team identified the scheme withing three minutes and had notified staff within ten minutes. The scheme only attacked the email system. Staff notified the public and researched the origin and notified the City’s insurance carrier. Next steps will include increasing staff training, testing and an increase in system security, including a two0step verification system for employee accounts. The cost of additional security software, such as Barracuda is approximately $8,000, or $35 per employee. Also under consideration is adding an enhanced firewall VPNS. Workshop Meeting Minutes October 27, 2021 Councilmembers Servatius provided his respective comments and questions. ADMINISTRATION a. City Administrator Report City Administrator Oborn introduced Macalle Finkle, newly hired Executive Assistant to the City Administrator. He provided his report, noting Development Services has permitting in place and 140 units under construction. He asked for questions from Council. Councilmember Hizon provided her respective questions and comments. CITY COUNCIL Members of the Council discussed scheduling of a Council photo. December 7, 2021 prior to the start of the Council meeting met with Council consensus. ADJOURN There being no further reports or discussions, Mayor Severns adjourned the workshop meeting at 7:39 p.m. Certified by Julie Lindsey, City Clerk Workshop Meeting Minutes October 27, 2021