City Council

Oak Harbor City Council Regular Meeting Minutes January 16, 2024 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 Wright called the meeting to order at 6:00 p.m. Invocation – Pastor David Parker, First United Methodist Church Pledge of Allegiance – Led by Mayor Wright ROLL CALL City Council Present: Staff Present/Videoconference Mayor Ronnie Wright City Administrator Blaine Oborn Mayor Pro Tem Tara Hizon Deputy City Admin. & Finance Director David Goldman Councilmember Jim Woessner Development Services Director David Kuhl Councilmember Bryan Stucky Parks and Recreation Director Brian Smith Councilmember Shane Hoffmire Fire Chief Ray Merrill Councilmember Eric Marshall Police Chief Tony Slowik Councilmember Christopher Wiegenstein Police Senior Administrative Assistant Meg Massey Councilmember Barbara Armes Detective Sergeant Jenn Gravel Executive Services Administrator Sabrina Combs Executive Assistant Macalle Finkle City Clerk Julie Nester As well as a number of officers and staff from the Oak Harbor Police Department Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Wright welcomed all in attendance. He noted all members of Council were present. 1. APPROVAL OF AGENDA Mayor Wright requested any changes to the agenda. Hearing none, the agenda was approved as pre- sented. 2. PRESENTATIONS a. Proclamations – None. Regular Meeting Minutes January 16, 2024 Page 1 of 8  b. Honors & Recognitions i. Oak Harbor Police Department Employee of the Year Police Chief Slowik announced that Officer Shantel Ricci was the 2023 Oak Harbor Police Department Employee of the Year, noting her supervisory, coordination, mentorship, and service achievements. Chief Slowik also recognized and highlighted the accomplishments of Patrol Officer Jay Jones and Po- lice Support Officer Teresa Kuebler, who were also nominated for the honor. ii. Police Sergeant Oath – Scott W. Johnson Police Chief Slowik administered the Sergeant’s oath to Officer Scott W. Johnson, citing his qualifica- tions, training, and abilities. Mayor Wright paused the meeting to provide time for photos and congratu- lations. c. Community Presentations i. Mr. Oak Harbor Royalty Committee Project Presentation Mr. Oak Harbor Royalty Court members Lucas Smith, Logan Hendricks, Brian Goodman, Ka’Imi Nero, Nolan Saltonstall, and Boden Gagnon provided a presentation regarding their choice of raising aware- ness, support and funding for a City of Oak Harbor Community Recreation Center as their service pro- ject. Whidbey Royalty is a 501 (c)(3) non-profit organization. The court spoke to the importance of social interaction for teens, the impact to quality of life for all residents, the benefit of recreation on youth development, the positive economic impacts, decrease in crime, and reduced risk to senior citizens with reduced numbers of falls that use of a quality recreation center for all ages can help to accomplish. The court thanked the Council for the opportunity to present their service project, and their “ask” which was to fund a comprehensive feasibility study aimed at assessing the viability and potential impact of estab- lishing a state-of-the-art Community Recreation Center in Oak Harbor. Councilmembers Stucky, Hoffmire, Woessner, and Marshall, and Mayor Wright provided their respective questions and comments. 3. CITIZEN COMMENT PERIOD Mayor Wright 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 two new public comments since the last regular meeting from Karen Conner of Oak Harbor and John Geragotelis of West Beach, both in support of the construction of a Recreation Center. The comments were displayed on screen. Mayor Wright opened the floor for public comment on items not on the agenda or items on the consent agenda. 1. Nate Salisbury, Oak Harbor High School Principal spoke in support of the students and their presentation. He urged the Council and the community to take advantage of the opportunity. Regular Meeting Minutes January 16, 2024 Page 2 of 8  2. Tiffany Scribner, Executive Director of Big Brothers, Big Sisters of Island County noted their full support of the Oak harbor Royalty Committee. She noted the mentorship provided by volunteers to Big Brothers, Big Sisters shows that the community wants to be involved. Ms. Scribner high- lighted the need for a safe space for after school programs. 3. Tom Choquette, President of Ryan’s House, noted the Oak Harbor Center would be closing due to lack of funding. Looking towards the future, he encouraged support for youth and suggested having a student liaison on the City Council, and support for at risk youth. 4. Jane Saltonstall of Oak Harbor, noted she was a mother of three students, but would also support a recreation center for people her age and would value having an indoor facility, out of the weather, where kids and adults could be in the same space. 5. Jay Cochran and Brit Kriner of North Whidbey Pool Park & Recreation District spoke in support of a recreation center and thanked the Mr. Oak Harbor Royalty and Councilmember Eric Marshall for their work and encouraged the City to consider what programming would be considered. 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 January 2, 2024 b. Approval of Payroll and Accounts Payable Vouchers c. Interlocal Agreement with Island County, WA for Law Enforcement Co-Responder Behavioral Health Program d. Interlocal Agreement: Whatcom County Northwest Minichain Agreement e. Whidbey Animal Improvement Foundation (WAIF) Contract Mayor Wright called for any changes to the consent agenda. Hearing none, the consent agenda was approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor’s Comments Mayor Wright provided the following comments: • WSF Public Meeting: A reminder – The Washington State Ferries are hosting two upcoming virtual community meetings designed to provide updates about the ferry system. The meetings will be held Wednesday, Jan. 17 at 12:30 p.m., and Thursday, Jan. 18 at 6 p.m. Advance registration is required to attend. See the links provided. • Island Transit: Island Transit has a new logo! Thank you to Councilmember Marshall for attending their re-branding event. • Winter Weather: Staff has information with tips and resources on the City’s social media channels and website. • Response to Recent Incident at NE Barron: The City greatly appreciates the response of the Police Department and appreciates the Boys & Girls Club and the Roller Barn for assisting the public and first responders during the event. Regular Meeting Minutes January 16, 2024 Page 3 of 8 • Boards & Commissions: The City has a number of volunteer positions to fill for the Parks and Recre- ation, Marina Advisory, Historic Preservation, Civil Service, and Salary Commissions. See the City’s website to apply. • Now Hiring: The City has openings for employment in several areas. See the City’s website for a complete listing and how to apply. • 25 Days of Giving: City Staff collected over 600 non-perishable food items during December and delivered it to the food bank. • Mayor’s First 100 Days in Office Report: Meeting with City Departments, greeting legislators, and looking forward to an upcoming tour with Island County Commissioner Jill Johnson, and the Association of Washington Cities Action Days in Olympia. • Upcoming City Council Retreat: The Council will hold a special meeting for a Council Retreat on February 12th from 8:15 to 4:00 P.M. at the Whidbey Island Campus of Skagit Valley College. City leadership staff and Mayor Wright will also be in attendance. • Marina Dredging Open House: City Staff held a very well-attended open house at City Hall on January 11th from 5-7 p.m. to provide information on dredging at the Marina. For more details or to see the presentation, please visit oakharbor.gov/marinadredging • Marina Storm Damage Update: Mayor Wright called on Parks and Recreation Director Brian Smith to provide an update on damage to the Marina from the recent storm. Parks and Recreation Director Smith provided information on damage to E and F docks, followed by questions/comments from Council. b. Councilmembers Councilmembers Wiegenstein, Marshall, Stucky, and Mayor Pro Tem Hizon provided their respective comments. Councilmember Stucky and Mayor Pro Tem Hizon expressed a desire to hold one or two joint meetings per year with the Island County Board of Commissioners to discuss items of mutual interest and impact. 6. PUBLIC HEARINGS & MEETINGS None. 7. ORDINANCES & RESOLUTIONS None. 8. CONTRACTS & AGREEMENTS a. Purchase Authorization – Water Distribution System for Windjammer Splash Park Parks and Recreation Director Smith provided background information on Shipwreck Shores Splash Park and reviewed the Vortex Water Distribution System contract. He explained over the last four years, certain features of the current system are not adequate, such as the outdated Odyssey controller and the foot-activated water features. The Odyssey controller uses older programming technology and needs to be upgraded . This will allow more efficiency in controlling the water features and enable the Regular Meeting Minutes January 16, 2024 Page 4 of 8 City to save water and funds by modifying spray sequencing, setting up maximum water flow to control water consumption and peak demands, the ability to easily change operating times for each day of the week as needed and the installation of a rain sensor. The foot-activated water features are wearing out due to normal wear and tear and the salty environ- ment. The current foot-activated water features infrastructure in one unit, and this creates difficulty when one activator must be changed out because the entire system must be changed. The four new activators proposed will be independent of one another when installed and can be replaced individually as needed. Staff researched options and find that a MaestroPro system will better fill the City’s needs. MaestroPro is the core control system that operates all of Vortex’s management systems and is essential to creating a sustainable aquatic solution. This proposed replacement water distribution system will enable Parks operations staff to maintain and regulate the splash park to keep it operational and sustainable because of these five reasons: 1. Large, current technology, color touchscreen with easy-to-use interface and visuals. 2. Modified spray sequences, which allow the operators to have the flexibility to change and create their own custom water play choreography on-site. 3. Flow management controls allow staff to maximize water flow to control water consumption and peak demands. 4. More flexibility with operational time management because staff can set up operating time and days individually. 5. Provides regional technical support out of Idaho versus the current technical support out of Texas. Staff’s proposal was to use the City’s cooperative purchasing agreement with National Cooperative Pro- curement Partners (NPPGOV), which the City joined in 2020. NPPGOV is a national cooperative pro- curement organization based in Seattle, WA, offering publicly solicited contracts to government entities nationwide. Their contracts are created through a public solicitation by a Lead Public Agency. Access to their cooperative contracts is complimentary, with no purchasing obligations. Utilizing this co-op will fulfill our bidding obligations as required by the City ordinances and save costs by allowing NPPGOV to perform the bidding process. The funding for this replacement is available in the fund balance of the Windjammer Park Project (325 fund). Mayor Wright confirmed no comments had been received from the public. Councilmembers Woessner, Stucky, Wiegenstein, Hoffmire, and Marshall provided their respective questions and comments. Motion: Councilmember Stucky moved to authorize staff to purchase one (1) Water Distribution System for $55,000.00 utilizing NPPGOV Contract PS21115 from Vortex Aquatic Structures International, se- conded by Councilmember Woessner. The vote on the motion passed unanimously. b. Change of Hearing Examiner and Approval of Corresponding Professional Services Agreement Development Services Director Kuhl presented the item to change Hearing Examiner Services. He re- viewed three options for the Council: 1. The Oak Harbor Municipal Code (OHMC) allows appointment of examiners Pro Tem to serve in the event of absence or inability to act of the examiner or as the examiner’s hearing schedule requires. This is subject to the mayor and City Council approval through a professional service agreement (OHMC 18.40.030). 2. The current Agreement in Article V. Section 2. “… The Parties may by mutual agreement terminate this contract with 10 days written notice.” Regular Meeting Minutes January 16, 2024 Page 5 of 8 3. The OHMC states “An examiner may be removed from office for cause by majority vote of the city council.” (OHMC 18.40.050). Staff requested proposals from four firms listed on the MRSC roster for hearing examiner services. Olbrechts & Associates, PLLC has extensive hearing examiner and other land use experience and is well qualified to fill this role. City legal authority for the change includes RCW 35A.12.190, RCW 35A.11.020, OHMC 2.305.010 and the City's Purchasing Policy and Procedures Manual. The fiscal impact considers the current level of activity is 4-5 hearings per year. The current budget shows $20,000 per year for hearing examiner ser- vices and this should be sufficient. Mayor Wright confirmed no input had been received from the public. Councilmembers Woessner provided his respective questions and comments. Motion: Councilmember Woessner moved to approve the Professional Services Agreement with Olbrechts & Associates, PLLC for hearing examiner services, seconded by Councilmember Hoffmire. The vote on the motion passed unanimously. c. Teamsters Collective Bargaining Agreement (CBA) for the Oak Harbor Marina, Parks, and Public Works Human Resources Director House reviewed the two-year Collective Bargaining Agreement for years 2024 through December 31, 2025. The agreement is considered tentative until approved by City Council. The cost of living adjustments (COLA) for the years of the agreement are as follows: For 2024 a 3% cost of living adjustment For 2025 a 2.5% cost of living adjustment Those significant contract items negotiated were as follows: • Contract were combined from Marina and Public Works to be one agreement. • Cost of living adjustment (COLA) - 3% for 2024 and 2.5% for 2025. • Market adjustment - 2% for 2024. • Adjusted standby duty premium from $32.00 per weekday and $48.00 per weekend day to $3.25 per hour. • Adjusted the health insurance premium cost share from 80%/20% to 90%/10%. • Reimbursement of prescription safety eyewear up to $400.00 per year. • Adjusted Steel Toed Boots/Approved Workwear for Public Works from $200.00 to $300.00. Director House also provided a listing of contract items changed or amended for clarification with no significant impact, and the estimated costs of the proposed contract. Mayor Wright confirmed no comments had been received from the public. Councilmembers Stucky and Wiegenstein provided their respective questions and comments. Motion: Councilmember Wiegenstein moved to authorize the Mayor to sign the labor agreement by and between the City of Oak Harbor and the Teamsters Union, Local No. 231 for Marina, Parks, and Public Works, seconded by Councilmember Hoffmire. The motion passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION Regular Meeting Minutes January 16, 2024 Page 6 of 8  a. 2024 Legislative Session Member Requested Local Community Projects City Administrator Oborn provided an overview of the item. He explained the 2024 Legislative Session Member Requested Local Community Project allows House and Senate members to request separate appropriations in the capital budget. Funding is at the discretion of the Legislature. This is not a formal grant program. Requests are due to the legislature by January 26, 2024 The City of Oak Harbor has submitted and received several requests for projects in the last five years. This year, City Administration is proposing three requests: • A request of $200,000 for a Sports Complex/Recreation Center Feasibility Study. The Council, Parks and Recreation Commission and residents have expressed interest in an indoor sports facility for Oak Harbor. • A request of $750,000 for the Oak Harbor Police Department Electric Patrol Vehicle Pilot Project. The department is proposing the purchase of six electric patrol cars and a DC charging station. The cost would include installation of the charging station and outfitting each EV with standard patrol car equipment. • A request of $1,000,000 for the Marina Dredging Project. Island County awarded the City $1,000,000 through the Rural County Economic Development Infrastructure Investment program in 2023. The State funding will build on the county funds and support upcoming federal requests for funding the dredging project. Mayor Wright confirmed no input had been received on this item from the public. Councilmembers Stucky and Hoffmire provided their respective questions and comments. Motion: Councilmember Hoffmire moved to approve the submission of the 2024 Local Community Pro- jects to the Legislature for consideration, seconded by Councilmember Marshall. The motion passed unanimously. 10. REPORTS & DISCUSSION ITEMS a. County Wide Planning Policies (CPP) Update. Principal Planner Kamak provided the update, which required no action from the Council. He noted the CPP is an important document that is required by the state for all counties that are subject to the Growth Management Act (GMA). This document lays out the procedures and methodologies for population pro- jections, buildable land analysis, and other city/county functions that are necessary to plan for growth. The CPPs policies provide procedures for Administration and Implementation of the CPP in Section 4. As per this section a Countywide Planning Group (CPG) has been reviewing the current CPP and iden- tifying changes that are needed before the next major update in 2025. Principal Planner Kamak provided a redlined version of the amended policies. The edits and changes can be broadly categorized into the following: Clerical and Terminology Updates – Changes that were clerical, updated terminology, or consistency with other documents. Some of these changes also include updating outdated clauses or removal of terminologies that are not applicable to the current scope or application. Buildable Land Procedures – The process to assess buildable land has changed since the last update. New requirements and procedures from the state have been captured in the amendments for housing. Modifications to the adjustment factors are being proposed due to some of the changes that were adopted as part of the housing action plan. Regular Meeting Minutes January 16, 2024 Page 7 of 8 Appendix B – Housing Allocation Methodology – This is a new section and is based on the State’s requirements. This section outlines how the housing that is allocated to Island County is distributed to the various jurisdictions. Although this topic has been discussed with the Planning Commission at its June meeting and the joint workshop with the City Council in October, this is first time that Appendix B had been released for dis- cussion. Housing Allocation in this document will provide one of the key metrics in the 2025 Major Up- date to the Comprehensive Plan. Related Upcoming Actions: • Ratify the 20-year Population Projection – The CPPs include a procedure for all jurisdictions to agree on the population projections for the major update. The CPP recommends the medium projection from Office of Financial Management (OFM) and deviate only if necessary. The CPG did not see any reason to deviate from the medium projection which is 102,639. The County will consider formalizing this projection in January. The City Council will then have a chance to ratify it. Staff will bring a resolution forward for consideration after County action. • Ratify the amendments to the CPP – A similar process as the above is outlined for the amend- ment to the CPP as well. This encompasses all the changes in the attached document. The County will consider formalizing the changes in February. The City Council will then have a chance to ratify it. Staff will bring a resolution forward for consideration after County action. Councilmembers Woessner, Hoffmire, Stucky, and Armes thanked Senior Planner Kamak for the update and provided their respective questions and comments. BREAK - Mayor Wright announced at 8:23 p.m. that a five-minute break would be taken before the Council entered into Executive Session at 8:28 p.m. 11. EXECUTIVE SESSION a. Executive Session per RCW 42.30.110 (1) (i) To discuss with legal counsel litigation or potential litigation. Mayor Wright announced the Council would now go into an executive session per RCW 42.30.110 (1 (i) to discuss with legal counsel, litigation of potential litigation. The anticipated duration was fifteen minutes. Mayor Wright noted 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 8:28 p.m. At 8:43 p.m. the Council came out of executive session and resumed the open session of the meeting. Mayor Wright noted no action would be taken regarding the matter discussed. Adjourn Motion: There being no further business, Mayor Wright called for a motion to adjourn. Councilmember Wiegenstein moved to adjourn, seconded by Mayor Pro Tem Hizon. The motion was approved by a unanimous vote, therefore the meeting adjourned at 8:44 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes January 16, 2024 Page 8 of 8