City Council

Oak Harbor City Council Regular Meeting Minutes November 16, 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 Beth 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 - Absent Project Manager Brett Arvidson Councilmember Jeff Mack Fire Chief Ray Merrill Councilmember Jim Woessner Police Chief Kevin Dresker Councilmember Millie Goebel Human Resources Director Emma House Harbormaster Chris Sublet Utilities Manager Sonney Wolfe Police Administrative Assistant Meg Massey Members of the Oak Harbor Police Department Executive Assistant Macalle Finkle Public Information Officer / IT Manager Sabrina Combs City Clerk Julie Lindsey Also in attendance: Interim City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Motion: Councilmember Woessner moved to excuse Councilmember Wasinger, seconded by Coun- cilmember Goebel, motion was approved by a unanimous vote. 1. APPROVAL OF AGENDA Hearing no objections to the agenda, it was approved as presented. 2. PRESENTATIONS Regular Meeting Minutes- November 16, 2021 Page 1 of 5  a. Proclamations - None. b. Honors & Recognitions – i. Employee Service Recognition – Patrol Sergeant Cedric Niiro, Police Department – 30 Years of Service Mayor Severns observed he had known Sergeant Niiro for a number of years and thanked him for his steadfast loyalty and his and his family’s contributions to the Oak Harbor community. Chief of Police Kevin Dresker presented the recognition to Sergeant Niiro for his 30 years of Service to the Oak Harbor Police Department. He noted Sergeant Niiro had done most every assignment at the Department, including Explorers, Reserves, K-9 Officer, and serving as a Detective, to build the Depart- ment up through his years of leadership. Chief Dresker called upon Sergeant Hoagland to present Ser- geant Niiro with his star. Sergeant Niiro thanked the Department and the Council for their many years of support and introduced his family who were present in the audience. Mayor Pro Tem Munns, and Councilmembers Servatius, Woessner, Mack and Goebel provided their respective comments and thanks. c. Community Presentations – None. RECESS: Mayor Severns called for a five-minute recess to allow for photos and congratulations. RECONVENE: Mayor Severns reconvened the regular meeting at 6:19 p.m. 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. The City Council received five new public comments and four addi- tional employee comments since the November 3, 2021 meeting. These were provided to Council and displayed as part of the meeting record. Mayor Severns opened the floor for public comment from any audience member present. Hearing no others, he closed the public comment period. Mayor Severns inquired of Council whether they wished to continue to have comments submitted by City employees regarding morale displayed as part of public comment. Mayor Pro Tem Munns and Councilmembers Servatius, Woessner, Goebel, and Mack provided their respective comments, with the consensus being to continue to include and display these comments during the citizen comment period. 4. CONSENT AGENDA Consent Items a. Approval of Payroll and Accounts Payable Vouchers b. Approval of Minutes of the November 3, 2021 Special Council Meeting c. Interlocal Agreement with South Correctional Entity (SCORE) – Inmate Housing Regular Meeting Minutes- November 16, 2021 Page 2 of 5 Mayor Severns called for any changes or objections to the consent agenda. Hearing none, the items were approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor Mayor Severns provided his respective comments and announcements, sharing local events and the City Council schedule and dress code inquiries, City hiring opportunities, as well as Thanksgiving holiday closure November 25th and 26th, and refuse pick-up information. He thanked the Navy League, and all involved in the Veterans Day event, November 11th at the Oak Harbor High School Memorial Stadium. Mayor Severns also thanked the Washington State Department of Transportation, Puget Sound Energy, and the City’s Public Works, Fire, and Police Departments for their work during the recent storm events. b. Councilmembers Mayor Pro Tem Munns and Councilmembers Mack and Goebel provided their respective questions and comments, also noting the performance of Marina staff during the storm. 6. PUBLIC HEARINGS & PUBLIC MEETINGS a. None. 7. ORDINANCES & RESOLUTIONS a. None. 8. CONTRACTS & AGREEMENTS a. Resolution 21-27 - Development Agreement with Pacific North Group, Inc. – Hillside Planned Residential Development (Erie Street) - Development Services Director Kuhl reviewed the Agreement, which includes approximately 20.1 acres of property. The Hillside Development was approved by the Hearing Examiner in March of 2020, with the Development Agreement being the next stage, conducted in accordance with the Revised Code of Washington 36.70B.170 (1) and 36.70B.190 and 36.70B.200. The development includes 192 residential lots. Section 21.040.020 of the City Zoning Ordinance allows five years to file a final plate with a one- year extension allowed by code. The development agreement allows an additional one-year extension. Director Kuhl noted the key components of work to be completed in Phase 1 which has four segments, and what is included in the segments. Next steps will include a performance bond for all four segments to complete Segment 1 of Phase 1. Mayor Severns confirmed the City received no public comment on this item. Mayor Pro Tem Munns and Councilmembers Servatius, Goebel, Mack, and Woessner provided their respective questions and comments. Regular Meeting Minutes- November 16, 2021 Page 3 of 5 Motion: Mayor Pro Tem Munns moved to approve Resolution 21-27 approving a development agree- ment between Pacific North Group Inc. and the City of Oak Harbor regarding the Hillside Planned Res- idential Development. The motion was seconded by Councilmember Goebel and carried by a vote of 5- 1 with Councilmember Woessner abstaining as he has a client that is purchasing property in the devel- opment. b. Teamsters Collective Bargaining Agreement (CBA) for the Oak Harbor Public Works Depart- ment - c. Teamsters Collective Bargaining Agreement (CBA) for the Oak Harbor Marina - Human Resources Manager Emma House presented both Agreements as agreed to by the Teamster’s Union Local 231 for this three-year collective bargaining agreement, covering 2021, 2022, and through 2023. The negotiated items inlead a 2% COLA for three years, the added Juneteenth holiday as ap- proved by the legislature, a night shift differential increase from $0.50 to $0.75 per hour, and adjusted health insurance premium costs share from 75%/25% to 80%/20%. Changes to contract language for both agreements were noted in the meeting packet materials. Mayor Severns confirmed the City received no public comment on either item. Councilmember Woessner provided his respective questions and comments. Motion: Mayor Pro Tem Munns moved to authorize the Mayor to sign the labor agreements by and between the City of Oak Harbor and the Teamsters Union, Local 231 (Public Works and Marina). The motion was seconded by Councilmember Woessner and passed unanimously. d. F-Dock Breakwater and Marina Repairs – Change Order No. 1 – Project Manager Brett Arvidson presented the item to Council, reviewing the background events leading to the damages. He noted with the storm event yesterday more damage was done, and staff will most likely be returning with an additional change order in the future. Project Manager Arvidson reviewed the additional work covered by Change Order No. 1including the emergency replacement of a navigation piling. He reviewed the project sequence with American Construction doing the in-water work the first of the year and out of the water by February 15, 2022. The authorization is for a change order in an amount not to exceed and additional $45,000 with reimbursement by the City’s insurance company. Mayor Severns confirmed the City received no public comment on this item. Mayor Pro Tem Munns and Councilmember Woessner provided their respective questions and com- ments. Motion: Councilmember Woessner moved to authorize the Mayor to sign Change Order No. 1 for the F-Dock Breakwater and Float Repair Project with American Construction Company, Inc., in an amount not to exceed $45,000 pending insurance company approval. The motion was seconded by Coun- cilmember Goebel and passed unanimously. e. Contract Amendment No. 1: Sound Law Center, LLC for Hearing Examiner Services – Development Services Director Kuhl reviewed the contract amendment. He noted the City established service with Sound Law Center a year ago and have received excellent service at a cost savings of approximately 50%. As a result, staff is suggesting a three-year contract extension. Regular Meeting Minutes- November 16, 2021 Page 4 of 5 Mayor Severns confirmed the City received no public comment on this item. Councilmember Woessner provided his respective questions and comments. Motion: Councilmember Woessner moved to approve Amendment No. 1 to the Professional Services Agreement with Sound Law Center, LLC for hearing examiner services. The motion was seconded by Councilmember Goebel and passed unanimously. f. Contract Amendment No. 2 for Legal Services with Kenyon Disend, PLLC – Mayor Severns reviewed the background information. Mayor Severns proposed the City continue with the firm of Kenyon Disend - Hillary J. Evans for interim city attorney services. Amendment No. 2 requests the additional funds in the amount of $125,000, which should provide another six months to the existing contract. Following this, if the Council so chooses, staff would do a request for proposals for attorney services. Mayor Severns confirmed no public comment was received in regard to this item. Councilmember Mack, Mayor Pro Tem Munns and Councilmembers Servatius, and Hizon provided their respective questions and comments. Motion: Mayor Pro Tem Munns moved that the City Council approve Amendment No. 2, continuing the Legal Services Agreement with Kenyon Disend, PLLC to fund legal services for about six months, in an amount not to exceed $125,000, and that during that time the City will do a Request for Proposals (RFP) for legal services. The motion was seconded by Councilmember Hizon and passed by a vote of 5-1 with Councilmember Servatius opposed. 9. OTHER ITEMS FOR CONSIDERATION None. 10. REPORTS & ITEMS FOR DISCUSSION None. 11. EXECUTIVE SESSION None. ADJOURN Motion: Motion by Councilmember Woessner to adjourn, seconded by Councilmember Goebel. Motion was approved by a unanimous vote, therefore the meeting adjourned at 7:42 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes- November 16, 2021 Page 5 of 5