City Council

Oak Harbor City Council Regular Meeting Minutes December 19, 2023 This was both a physical meeting location and a virtual meeting. Meeting was viewable live via YouTube at www,youtube.com/cityofoakharbor, on Facebook, and on Cable Channel 10/HD 1090 following the meeting CALL TO ORDER Mayor Severns called the meeting to order at 6:00 p.m. Invocation – Chaplain David Lura, Navy League 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 Tara Hizon Deputy City Admin. & Finance Director David Goldman Councilmember Beth Munns Public Works Director Steve Schuller Councilmember Jim Woessner - absent Parks and Recreation Director Brian Smith Councilmember Bryan Stucky City Engineer Alex Warner Councilmember Shane Hoffmire Fire Chief Ray Merrill Councilmember Eric Marshall Interim Police Chief Tony Slowik Councilmember Barbara Armes Det. Sargeant Jen Gravel Project Manager Brett Arvidson Central Services Manager Sandra Place Finance Manager Chas Webster Grants Administrator Wendy Horn Executive Services Administrator Sabrina Combs Executive Assistant Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Severns welcomed all in attendance. He announced Councilmember Woessner was absent and requested a motion to excuse him. Motion: Councilmember Munns moved to excuse Councilmember Woessner, seconded by Mayor Pro Tem Hizon. The vote on the motion carried unanimously. 1. APPROVAL OF AGENDA Regular Meeting Minutes December 19, 2023 Page 1 of 8 Mayor Severns noted staff had requested to remove item 10 a. County Wide Planning Policies Update. The item will be reviewed with Council at a later date. Motion: Councilmember Munns moved to approve the agenda as amended, seconded by Councilmem- ber Hoffmire. The vote on the motion passed unanimously. 2. PRESENTATIONS a. Proclamations – None b. Honors & Recognitions i. Recognition of Councilmember Beth Munns Mayor Severns observed that he and Councilmember Munns both came to serve on the City Council in 2008. He praised Councilmember Munns as an outstanding and engaged member of the Oak Harbor Community who has lent her time and experience to not only the City Council, but to many community groups and organizations, including the Oak Harbor Public Schools, Navy League, Island Thrift, Help House, and Island Transit. Mayor Severns asked all to join him in recognizing Councilmember Munns and presented her with a plaque denoting her dates of service and council photos. On behalf of the City Staff, Public Works Director Schuller presented Councilmember Munns with a City street sign in her name. Councilmember Munns thanked all assembled, noting it had been her distinct honor to serve. c. Community Presentations i. Oak Harbor Filipino American Association Performance Members of the Oak Harbor Filipino American Association provided a holiday music program. 3. CITIZEN COMMENT PERIOD Mayor Severns noted citizens may comment on Consent Agenda items or subjects of interest not listed on the agenda at this time and that citizens would have the opportunity to comment on the remaining Agenda items during the meeting as appropriate. Citizens can also visit the City’s website prior to meetings for methods to submit public comment, or contact the City Clerk, Julie Nester by phone or email. When submitting comments, please include your name and address. Public comments sent anonymously will be shared with the Mayor and Council but will not be displayed. The City received one new public comment since the last regular meeting. John Dyer submitted an online comment regarding agenda item 8.a. Approval of Chief of Police Employment Contract with In- terim Chief Anthony Slowik. The comment was displayed later with comment for the agenda item. Mayor Severns opened the floor for public comment on items not on the agenda or items on the consent agenda. 1. Dawn Brown of Oak Harbor thanked Mayor Severns for his years of service and led a flash mob from her Zumba class of approximately 21 people, which included Mrs. Rhonda Severns. Regular Meeting Minutes December 19, 2023 Page 2 of 8 2. Island County Commissioner Jill Johnson spoke to thank both Mayor Severns and Councilmember Munns for their service to Oak Harbor. 3. Mayor Pro Tem Tara Hizon presented Mayor Severns with a plaque from the staff, thanking him for his leadership and guidance. Staff presented Mayor Severns with a City street sign in his name at the All-Hands meeting in November. Hearing no one else with a desire to address the Council, the public comment period was closed. 4. CONSENT AGENDA Consent Items a. Approval of Minutes: Council Meeting of December 5, 2023 b. Approval of Payroll and Accounts Payable Vouchers c. American Construction: Oak Harbor Marina – Change Order No. 5 for F-Dock Breakwater and Marina Repairs d. Interlocal Contract for Cooperative Purchasing - HGACBuy e. National Purchasing Cooperative Interlocal Participation Agreement - BuyBoard f. Professional Services Agreement: Semrau Engineering g. Renewal of Concession Contract: Oak Harbor Yacht Club h. Resolution 23-19: Amendment to LTAC PBY Memorial Foundation Agreement i. Resolution 23-31: Amendment to LTAC Chamber of Commerce Operations Agreement j. Resolution 23-32: Amendment to LTAC Craig McKenzie Team Foundation Agreement k. Resolution 23-33: Amendment to LTAC Whidbey Health Foundation Agreement l. South Correctional Entity (SCORE) Interlocal for Inmate Housing Agreement Amendment Mayor Severns called for any changes to the consent agenda. Councilmember Marshall requested to remove item 4.g. Renewal of Concession Contract: Oak Harbor Yacht Club from the consent agenda. Mayor Severns noted the other consent agenda items were ap- proved as presented. 4.g. Renewal of Concession Contract: Oak Harbor Yacht Club – Councilmember Marshall noted a number of concerns with the proposed contract. Specifically, the term of the contract, the lack of financial reporting by the Yacht Club as is required in the contract, the rental amount for City use and the renting out of the Gazebo in adjacent Catalina Park by the Yacht Club. Mayor Severns provided additional background information on the negotiations undertaken with the Yacht Club and on the parameters of the contract. Speaking on behalf of the Yacht Club were Commo- dore Cedric Niiro and Vice-Commodore Ryan Bradley. Councilmembers Marshall, Munns, Hoffmire, Stucky, Armes, and Mayor Pro Tem Hizon provided their respective questions and comments. Councilmember Munns confirmed with City Attorney Evans that her membership in the yacht club was not a monetary interest and that as she was not on the Yacht Club Board, she could vote without recusal on the contract. Motion: Councilmember Hoffmire moved to approve the amended Oak Harbor Yacht Club. Inc. Con- cession Contract as presented, seconded by Councilmember Munns. The vote on the motion was a tie with Mayor Pro Tem Hizon and Councilmembers Munns and Hoffmire in favor and Councilmembers Marshall, Stucky and Armes voting against. Mayor Severns broke the tie by voting in favor of the motion and approving the amended contract. Commodore Niiro agreed to submit the Yacht Club’s financial reports, as required in their contract, to Regular Meeting Minutes December 19, 2023 Page 3 of 8 the City as soon as possible. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor - Mayor Severns provided the following comments and updates: • Advisory Boards: With the Council‘s recent expansion of the Parks and Recreation and Marina Advi- sory Commissions, the City has several new positions to fill starting in January. There are also vacancies on the Historic Preservation, Civil Service and Salary Commissions. Citizens may apply on-line. • Association of Washington Cities Quality Communities Scholarship: The AWC Center for Quality Com- munities (CQC) is now accepting 2024 scholarship nominations for civic-minded young leaders in Wash- ington's cities and towns. Up to three $3,000 scholarships may be awarded in April 2024 to graduating high school students. Oak Harbor students - submit your applications to the Office of the Mayor by 4:30 p.m. on January 19, 2024. • The Washington State Ferries will hold two virtual community public meetings to provide updates. Jan. 11, 2024 at 12:30 p.m. and Jan. 12, 2024 at 6 p.m. See the WSF Community Participation Page for more information. Meeting participants will be able to ask questions and provide comments and must register to attend – see the links provided online. The day after each meeting, a video recording will be available online on WSF’s Community Participation page. Free WiFi access is available. • City Offices are closed for Holidays: City facilities will close 2 hours early on Friday, December 22nd and will be closed on Monday, December 25th. City facilities will also close 2 hours early on Friday, December 29th and will be closed on Monday, January 1st. • Upcoming Events: New Year’s Eve Fireworks – The Oak Harbor Chamber of Commerce will present a fireworks display over Oak Bay on December 31st. b. Councilmembers Councilmembers Munns, Hoffmire and Mayor Pro Tem Hizon provided their respective comments. Councilmember Munns spoke in support of applying for the AWC scholarship and in support of the local food bank at Help House. Mayor Pro Tem Hizon and Councilmember Hoffmire both offered thanks to Councilmember Munns for her years of service. 6. PUBLIC HEARINGS & MEETINGS a. Ordinance No. 1982: End-of Year Budget Amendment No. 4 to the 2023-2024 Biennial Budget Deputy City Administrator & Finance Director Goldman introduced Finance Manager Webster who re- viewed the proposed Ordinance and budget amendments. Finance Manager Webster thanked Mayor Severns and Councilmember Munns for their service to the community. She explained the City has determined a need to amend and adjust the 2023-2024 biennial budget for the items listed below. A budget amendment is needed when the overall amount of a fund's budgeted appropriation increases. Amendments require a public hearing and approval of an ordinance. A budget adjustment is the move- ment of existing budget appropriation within a fund with no increase in the overall fund's budget appro- priation. Regular Meeting Minutes December 19, 2023 Page 4 of 8 2023 Amendments: • $24,000 to amend the General Fund's (Fund 001) budget to appropriate the purchase of Fire Department bunker gear funded by the FIRE Initiative Grant awarded August 1, 2023. • $103,100 to amend the Equipment Replacement Fund's (Fund 502) budget to appropriate the purchase of the Parks and Recreation Bus authorized by Council on May 2, 2023, primarily funded by replacement funds. 2023 Adjustments: • $27,000 use of Senior Center Fund Balance (Fund 129) to fund the purchase of a Parks and Recreation Bus authorized by Council on May 2, 2023. • $51,500 use of Marina Fund Balance (Fund 431) to fund Change Order No. 4 with American Construction for repair of boat ramp float authorized at City Council Meeting, September 5, 2023. 2024 Amendments: • $366,900 to amend the General Fund's (Fund 001) budget to appropriate funds to create an urban and community management program for the city supporting urban forestry projects au- thorized by Resolution 23-11 approved May 16, 2023 funded by Urban and Community Forestry Program Grant awarded September 14, 2023. • $62,500 to amend the Creative Arts Fund's (Fund 115) budget to appropriate funds for the one- time initial costs per agreement with Oak Harbor Rotary Club for placing a Windmill in Windjam- mer Park authorized at Council Meeting, August 2, 2023, as follows: o $49,500 contribution to the Rotary Club towards the Windmill Project, o $7,000 permit fees, and o $6,000 water and sewer system development charges. • $325,000 to amend Civic Improvement Fund's (Fund 116) budget to appropriate funds for the 2024 Lodging Tax Grant expenditures as authorized at the Council Meeting, August 15, 2023, funded by lodging tax revenues. • $30,000 to amend Civic Improvement Fund's (Fund 116) budget to appropriate funds for the increase of the 2024 annual contribution to the Island County Joint Tourism Fund as authorized at the Council Meeting, August 15, 2023 funded by lodging tax revenues. 2024 Adjustments: • $5,500 use of Senior Center Fund Balance (Fund 129) to fund the yearly repair and maintenance costs of a Parks and Recreation Bus authorized by Council on May 2, 2023. • $10,000 use of Senior Center Fund Balance (Fund 129) to fund the yearly replacement costs of a Parks and Recreation Bus authorized by Council on May 2, 2023. Mayor Severns opened the public hearing. He confirmed no public comments had been received. Hear- ing no one with an interest in speaking on this item, the public hearing was closed. Councilmembers Munns, Marshall and Stucky provided their respective questions and comments City Administrator Oborn, Parks and Recreation Director Smith, and Deputy City Administrator & Finance Director Goldman all responded to questions. Motion: Councilmember Marshall moved to adopt Ordinance No. 1982: Budget Amendment No. 4, amending the 2023-2024 Biennial Budget and adopting an updated wage and salary schedule and plan of classification. The motion was seconded by Councilmember Hoffmire and carried unanimously. 7. ORDINANCES & RESOLUTIONS None. 8. CONTRACTS & AGREEMENTS a. Approval of Chief of Police Employment Contract with Interim Chief Anthony Slowik Regular Meeting Minutes December 19, 2023 Page 5 of 8 Mayor Severns praised the service of recently retired Chief of Police Kevin Dresker, and the importance of the selection of a Chief of Police. He stated his recommendation that the City enter into an employ- ment contract with Captain Anthony “Tony” Slowik to assume the position of Chief of Police. Captain Slowik is currently serving as Interim Chief of Police, following the retirement of Chief Kevin Dresker. Mayor Severns noted Captain Slowik is a highly trained and skilled officer and has served the City of Oak Harbor for over 20 years, the last 7 of which working closely with Chief Dresker. Captain Slowik has also served for more than 27 years in the United States Coast Guard. Mayor Severns noted he had spoken with and had support from union representatives and had also received the full endorsement of Mayor-elect Wright in proposing Captain Slowik serve as the next Chief of Police and for entering into the attached employment agreement, which has been reviewed by the City Attorney. If approved by the Council, a date will be set for swearing in Captain Slowik as Chief of Police for the City of Oak Harbor. Mayor Severns noted the City received one submitted public comment in advance of the meeting from John Dyer, former Oak Harbor police officer, in favor of approving the employment agreement with In- terim Chief Slowik. That comment was displayed. Mayor Severns called for any other public comments. 1. Ms. Sandi Peterson of Oak Harbor spoke against the approval of the employment agreement, believ- ing an outside search should be conducted and objections to Interim Captain Slowik. 2. Mayor-Elect Ronnie Wright spoke to offer his full support of the employment agreement, noting he too had met with representatives of the Police union and the department. 3. Fire Department Chief Ray Merrill spoke in favor of the employment agreement, citing the importance of the working relationship between the Fire and Police Departments, and his full support of Interim Captain Slowik Councilmembers Hoffmire, Stucky, Munns, Armes, Marshall and Mayor Pro Tem Hizon provided their respective questions and comments. Motion: Councilmember Munns moved to approve an employment contract for Interim Chief Anthony “Tony” Slowik to assume the position of Chief of Police for the City of Oak Harbor and authorizing the Mayor to sign the contract. Mayor Pro Tem Hizon seconded the motion, which carried unanimously. b. Contract Amendment No. 3 with Gray and Osborne, Inc. for On-Call Water Services Project Manager Arvidson reviewed the contract amendment. He explained there are a number of capital projects identified to improve the water system throughout the City. In May of 2022 the City retained Gray and Osborne to provide on-call engineering services to implement these projects, many of which involve replacing aging asbestos cement (AC) pipes and steel pipes. The Capital Pan also identifies a wide variety of water improvements in the next 5 years. Three water main replacement projects intended for construction in the summer of 2023 were delayed until the summer of 2024. These projects are essentially designed with the intention of constructing the improvements in the summer of 2024. In reviewing the projects, staff would like to add approximately 1000 linear feet of adjacent water mains to facilitate construction in the area and to take advantage of the current cost environment. These ex- tensions required additional surveying and design. Gray and Osborne will provide engineering services on a time and materials basis including survey, design, permitting, report preparation, specifica- tions/drawing production, bidding support, and project management. If approved, the contract amount with the On-Call Engineering Services for Water Projects would increase by $33,800.00, increasing the total contract amount from $495,190.00 to $528,990.00. Regular Meeting Minutes December 19, 2023 Page 6 of 8 Mayor Severns confirmed no comments had been received from the public. Councilmembers Marshall and Munns provided their respective questions and comments. Motion: Councilmember Stucky moved to authorize the Mayor to sign Professional Service Amendment No. 3 with Gray and Osborne, Inc. for On-Call Engineering Services for Water Projects increasing the contract amount by $33,800.00, increasing the total contract amount from $495,190.00 to $528,990.00. Councilmember Munns seconded the motion, which passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION a. City Council 2024 Calendar City Administrator Oborn reviewed the proposed Council calendar for 2024. Each December, the City Council sets its meeting calendar for the following year. Staff has reviewed all dates to include adjust- ments for conferences and holidays. The Council holds just one regular meeting and one workshop meeting during the months of June and July each year, and this is reflected in the proposed 2024 Council calendar, as is not holding a workshop meeting in December, due to its proximity to the holidays. At the request of the Council, the first regular August meeting, which is moved annually due to National Night Out, has been scheduled for the following week in order to not conflict with the Summer Concert Series. The Council may also make edits to their calendar as needed during the year. This calendar is provided to the Whidbey News Times for publication. Mayor Severns confirmed no public comments had been received. Councilmember Hoffmire provided his respective comments. Motion: Councilmember Marshall moved to approve the 2024 City Council Calendar. The motion was seconded by Councilmember Hoffmire and passed unanimously. b. Resolution 23-34: Approving Legislative Priorities for 2024 Executive Services Administrator Combs reviewed the legislative priorities for 2024 as discussed by the Council. Staff presented draft legislative priorities at the November 29, 2023 Council workshop, and did a follow-up presentation with revisions per Council comments at the December 5, 2023 Council meeting. The priorities are unchanged from the December 5th meeting and presented for Council approval. Mayor Severns confirmed no public comments had been received. There were no additional comments or questions from the Council. Motion: Councilmember Munns moved to approve Resolution 23-34: Establishing the City of Oak Har- bor's 2024 Washington State Legislative Priorities, seconded by Councilmember Hoffmire. The vote on the motion passed unanimously. Councilmember Munns asked that the approved priorities be sent right away to the Association of Wash- ington Cities. 10. REPORTS & DISCUSSION ITEMS a. County Wide Planning Policies Update As requested by staff, this update was postponed to a later date. Regular Meeting Minutes December 19, 2023 Page 7 of 8 11. EXECUTIVE SESSION a. Executive Session: To discuss with legal counsel representing the agency, litigation of po- tential litigation per RCW 42.30.110 (1) (i). Mayor Severns announced the Council would take a five-minute recess and then move into executive session to discuss, with legal counsel, litigation, or potential litigation. The executive session was esti- mated to be for ten minutes and action might or might not be taken upon return to the open session. Executive sessions are not open to the public. The Council entered into executive session at 8:03 p.m. At 8:13 p.m. the Council came our of executive session and resumed the open session of the meeting. Mayor Severns noted no action would be taken on the matter discussed. Adjourn Motion: There being no further business, Mayor Severns called for a motion to adjourn. Councilmember Munns moved to adjourn, seconded by Mayor Pro Tem Hizon. The motion was approved by a unani- mous vote, therefore the meeting adjourned at 8:14 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes December 19, 2023 Page 8 of 8