City Council

Oak Harbor City Council Regular Meeting Minutes March 19, 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 Call To Order and Native Lands Acknowledgement - Mayor Wright called the meeting to order at 6:00 p.m. He included the acknowledgement that the meeting was being held on the ancestral lands of the Coast Salish people and paid respect to those past and present. As part of this acknowledgement, Mayor Wright noted the City was pleased to display the beautiful mural “Song of the Salish Sea” created by artists Nick and Kendall Mann. He thanked the Arts Com- mission for bringing this mural to the City’s attention and thanked the City Council for approving its purchase. Mayor Wright also thanked facility maintenance staff member Tom Wade for installing it. 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 Interim City Administrator Sabrina Combs Mayor Pro Tem Tara Hizon Deputy City Admin. & Finance Director David Goldman Councilmember Jim Woessner Parks and Recreation Director Brian Smith Councilmember Bryan Stucky Police Chief Tony Slowik Councilmember Shane Hoffmire Deputy Fire Chief Mike Buxton Councilmember Eric Marshall Project Manager Brett Arvidson Councilmember Christopher Wiegenstein Central Services Manager Sandra Place Councilmember Barbara Armes Police Senior Administrative Assistant Meg Massey Grants Administrator Wendy Horn Executive Assistant Macalle Finkle City Clerk Julie Nester Others in attendance included many members of 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 the Council were present. 1. APPROVAL OF AGENDA Regular Meeting Minutes March 19, 2024 Page 1 of 8 Mayor Wright requested any changes to the agenda. Hearing none, the agenda was approved as pre- sented. 2. PRESENTATIONS a. Proclamations – None. b. Honors & Recognitions – Oak Harbor Police Department Recognitions Police Chief Slowick presented two department awards for Meritorious Service to Officer Mel Lolmaugh, recognized for 25 + years of service, and to Officer Ron Esparza for 20+ years of service. Both Officers are retiring at the end of this month and each expressed that it had been their honor serving the community. Both officers received standing ovations. Mayor Wright paused the meeting to allow for photos and congratulations. c. Community Presentations – None. 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 Coun- cil but will not be displayed. The City received three new public comments since the last regular meeting. Two of the comments pertained to agenda item 9.a. and he noted they would be displayed with that item on the agenda. The third comment, from Jane Nichols, a former resident, was regarding concern for a potential hotel de- velopment downtown and was displayed on screen. Mayor Wright opened the floor for public comment on items not on the agenda or items on the consent agenda. 1. Nolan Saltonstall of Oak Harbor, regarding the Mr. Oak Harbor Royalty Court’s activities in support of a Community Recreation Center. 2. Kim Ford of Oak Harbor, regarding the poor condition of the Volunteer Park Softball Fields 3. Clara Ford of Oak Harbor, regarding the poor condition of the Volunteer Park Softball Fields 4. Emily Ford of Oak Harbor, regarding the poor condition of the Volunteer Park Softball Fields 5. Mukunda-Krishna Tyson of Oak Harbor stated he wished to speak to agenda item 9.a. and was advised by the clerk that he would have the opportunity to speak to that agenda item later in the meeting. 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: City Council Meeting of March 5, 2024 b. Approval of Payroll and Accounts Payable Vouchers c. Bid Award – Vending Machine Service Regular Meeting Minutes March 19, 2024 Page 2 of 8  d. Extension of Professional Service Agreement with Evans Marine Solutions for Lagoon Dock e. Professional Services Agreement – James G. Murphy Company for Auctioneer Services Mayor Wright called for any changes to the consent agenda. Councilmember Woessner requested to pull item 4.c. Mayor Pro Tem Hizon requested to pull item 4.d. Motion: Although a motion to remove those items was not needed, Councilmember Hoffmire moved to pull items 4.c. and 4.d., seconded by Councilmember Wiegenstein. The motion passed unanimously. Mayor Wright noted the remaining consent agenda items were approved as presented. Item 4.c. Councilmember Woessner noted he was happy to see vending machines returned to the parks and would like to see snack vending machines at the Marina. Mayor Pro Tem Hizon noted she was under the impression the contract item for vending machines pertained only to existing locations. Central Services Manager Sandra Place reported the contract was for existing locations. She ex- plained the vendor had removed the machines from the parks due to vandalism. Mayor Pro Tem Hizon encouraged the addition of machines at the Marina. Manager Place will look into the possibility of amending the contract to add a machine in that location. Item 4.d. In reviewing the scope of work, Mayor Pro Tem inquired about how difficult it would be to bring power out to the lagoon dock. She suggested it could be used for musical performances. Parks and Recreation Director Brian Smith noted it was something staff could explore outside of this agree- ment. He noted it could be a potential additional project for the Windjammer Park improvements and could also include seating and lighting. Motion: Mayor Pro Tem Hizon moved to approve consent agenda items c and d, seconded by Coun- cilmember Wiegenstein. The vote on the motion passed unanimously. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor’s Comments Mayor Wright provided the following comments: • Councilmember Marshall Completes Certificate of Municipal Leadership: Congratulations to Councilmember Eric Marshall for his successful completion of the Association of Washinton City’s Certificate of Municipal Leadership training program. The program recognizes mayors and councilmembers for accomplishing training in five competency areas. The training pro- vides city elected officials with the knowledge they need to effectively operate within the law, plan for the future, secure and manage funds, foster strong relationships, and work to build more equitable communities. Mayor Wright presented Councilmember Marshall with his certificate. • Boards & Commissions: Thank you to both City Council and staff for getting the word out about the volunteer positions to fill on City advisory boards. 12 applications were received since the last meeting and are in the process of review. The City is still accepting applications for the Police Community Ad- visory Board, Civil Service, Historic Preservation, and Salary Commissions. • Now Hiring: The City has opened recruitments for seasonal parks and marina positions as well as an arborist apprentice. Learn more about these and employment opportunities on the website. • Mayor’s First 100 Days in Office Report: Mayor Wright reported that he was joined last week by Mayor Pro Tem Hizon, Councilmembers Marshall and Wiegenstein and Deputy City Administrator and Regular Meeting Minutes March 19, 2024 Page 3 of 8 Finance Director Goldman for the National League of Cities Conference in Washington D.C. While there they also met with legislators, Pentagon officials, and with the Army Corps of Engineers regard- ing the need for dredging. Mayor Wright noted he is continuing his meetings with City Department heads and attended the Island County Board of Health meeting earlier today. b. Councilmembers Mayor Pro Tem Hizon and Councilmembers Hoffmire, Woessner, Armes, and Wiegenstein provided their respective comments. 6. PUBLIC HEARINGS & MEETINGS None 7. ORDINANCES & RESOLUTIONS Resolution 24-09: Adopting A Council Code of Ethics and Conduct Policy and Procedure - Interim City Administrator Sabrina Combs presented the resolution. As discussed with legal counsel at the February 12, 2024 Council Retreat and reviewed at the February 28, 2024 Council Workshop, this resolution adopts a City Council Code of Ethics and Conduct policy and procedure. Mayor Wright confirmed no public comments have been received. and requested any public com- ments from those gathered. Hearing none, he turned to the Council for their comments. There were no questions or comments from the Council. Motion: Mayor Pro Tem moved to approve Resolution 24-09: Adopting a Council Code of Ethics and Conduct policy and procedure. Councilmember Hoffmire, Wiegenstein and Armes simultaneously se- conded the motion, which passed unanimously. 8. CONTRACTS & AGREEMENTS a. Professional Services Agreement with Framework for City Art Plan Parks and Recreation Director Brian Smith reviewed the item for the Council. He explained that fol- lowing Council feedback for establishing better procedures for the acquisition and placement of public art and the desire for arts programming the Arts Commission established the creation of a City Arts Plan as their first priority number. The Commission utilized staff to request proposals for a consulting firm to assist in developing an Arts Plan that will create a shared vision and process for public art placement, arts programs, cultural events, funding, and partnership opportunities for the City. The Arts Plan focuses on developing creative strategies that will guide the work of the City through 2030. Proposals were received and evaluated from five firms: HUB Ltd. Odyssey Associates Arts Consulting Group Designing Local, Ltd. Berk Consulting Framework Staff and a review committee of Arts Com- missioners is recommending Framework based on their experience, local presence, staff credentials, and ability to perform high quality work within a budget and meet schedules. The plan will be paid for from the Arts Fund. Mayor Wright confirmed no comments had been received and called for any comments from those in attendance. Hearing none, he requested Council comments. Regular Meeting Minutes March 19, 2024 Page 4 of 8 Councilmembers Marshall, Woessner, Stucky and Hoffmire provided their respective questions and comments. Motion: Councilmember Marshall moved to authorize the Mayor to approve the Professional Services Agreement with Framework for $75,875 to develop a City Arts Plan. Councilmembers Hoffmire and Wiegenstein simultaneously seconded the motion, which carried unanimously. b. Professional Services Agreement with RWD for Pickleball Courts – Parks and Recreation Director Brian Smith presented this item, assisted by Project Manager Arvidson and Deputy City Administrator Goldman. Staff had provided the Council with an update on the Memo- randum of Understanding with the Oak Harbor Public Schools District to improve the District’s pickle- ball courts at the April 26, 2023 Workshop. Cost estimates for the project came in well above the $50,000 of REET 2 funding allocated by the City for the project. At that workshop, the Council indicat- ed they would prefer the funding be used for design and planning of new pickleball courts on City property as recommended by the Parks & Recreation Advisory Commission. Staff worked with the Parks and Recreation Advisory Commission in development of a scope for pro- fessional services and solicited proposals in November 2023. Six inquiries from contractors and two proposals for professional services for location planning and design were received. Staff reviewed the proposals, and one potential vendor was dropped due to exceptions with insurance requirements and RWD was selected. Four locations were considered for the courts including: Sumner Park, Fort Nugent Park, Windjammer Park, and Neil/Holland Gardens Park. OI these four sites, Fort Nugent Park was determined to best meet the needs for the courts. Staff are pursuing Recreation and Conservation Office (RCO) Youth Athletic Facilities and Community Outdoor Athletic Facilities Grants for implementation and construction of the pickleball courts. Wash- ington State Representative Clyde Shavers is also interested in supporting the facility construction dur- ing the next legislative session budgeting process. Fiscal Impact: RWD's proposal for scope of services is $78,100. There is currently $50,000 appropri- ated for the project. Staff proposed increasing appropriated REET 2 funds by $28,100 to fund the planning and design for the project. If approved, staff will include this amount in the mid-year 2024 budget amendment for Council approval. Mayor Wright confirmed no public comments had been received in advance of the meeting. He re- quested any additional public comments from those gathered. 1. Marc De Jong of Oka Harbor in support of the item, and suggesting sooner improvements of the courts near the Chamber of Commerce 2. Pat Lamont of Oak Harbor in support of the item, and advocating for an indoor venue 3. Connie Panch of Oak Harbor in support of the item, and advocating for an indoor venue 4. Sharon Jensen of Oak Harbor inquired what happens if the City spends the money for the consult- ant but does not receive the grants. She wished to see a combination of things that would make Oak Harbor more welcoming, including a community center, downtown redevelopment, funding for the arts and resurfacing of the existing courts in the meantime. 5. Tom Jones of Oak Harbor in support of the item and new courts. Mayor Wright called upon the Council for their questions and comments. Councilmembers Woessner, Hoffmire, Marshall, Mayor Pro Tem Hizon and Mayor Wright provided their respective questions and comments. Regular Meeting Minutes March 19, 2024 Page 5 of 8 Director Smith spoke to the need for shovel ready plans to be competitive for grants and the reasoning behind the site selection at Fort Nugent Park. Deputy City Administrator Goldman provided an expla- nation of Reet 1 & 2 funds. Also noted was the potential use of the basketball courts at Windjammer Park which were intended for multipurpose, Staff will investigate what might be needed for the use of nets at that location. Motion: Councilmember Wiegenstein moved to authorize the Mayor to approve the Professional Ser- vices Agreement with RWD for $78,100 to develop construction plans for a pickleball court facility. Councilmember Marshall seconded the motion, which carried unanimously. c. Professional Services Agreement with Moffatt & Nichol for Marina Dredging – Parks and Recreation Director Brian Smith, Harbormaster Chris Sublet and Project Manager Brett Arvidson presented this item, which was discussed at the February 20, 2024 Council meeting. The City of Oak Harbor Marina requires dredging of sediment approximately every 10 years. The Ma- rina was partially dredged in 2010/2011 and has experienced significant sedimentation to the point that the Marina water depth has become a concern. Dredging the Marina will require an extensive en- gineering and permitting process estimated to take several years to complete. The City retained Moffatt & Nichol, Inc to prepare a feasibility study to evaluate the dredging needs and establish a path forward through the permitting, design, and construction stages of this project. At the February 20, 2024 meeting, the Council adopted the City of Oak Harbor Dredging Feasibility Plan with Alternative 1 - Dredging to the Maximum Extent Possible as the preferred option. With adoption of the City of Oak Harbor Dredging Feasibility Plan the work now enters Phase 2 of the project. The project is targeting the 2026/2027 dredging in-water window to perform the dredging. Contract Amendment No. 2 with Moffatt & Nichol, Inc begins the Phase 2, Preliminary Engineering and Permitting activities. Amendment No. 2 contains the preliminary design and preparation of the numer- ous local, state, and federal regulatory permits necessary to undertake the dredging. The federal per- mit process requires a significant amount of sampling and analyzing the sediments that will be dredged. The results of this sampling program determine the disposal method of the dredged sedi- ments. Sediments without toxic components are eligible for open water disposal which is a significant construction cost savings. The contract contains several contingency tasks that may not be necessary depending on the regula- tory review process. These tasks will only be initiated if the regulatory agencies require the work. This phase of the project involves performing the preliminary engineering to prepare the applications; preparing the applications; performing the necessary sediment sampling and analysis; and negotiating the final permits with the regulatory agencies. This contract amendment will be funded using Marina rates. The funding sources will include capital reserves, grants, debt financing, and Marina rates. The eventual costs and funding sources for the next phases and dredging work will be identified as the pro- ject progresses. Mayor Wright confirmed no public comments have been received. There were no public comments from those gathered. Councilmember Woessner provided his respective questions and comments. Motion: Mayor Pro Tem Hizon moved to authorize the Mayor to sign Amendment No. 2 to the Profes- sional Service Agreement with Moffatt & Nichol, Inc. for the City of Oak Harbor Dredging Project in the Regular Meeting Minutes March 19, 2024 Page 6 of 8 amount of $361,837.00. increasing the total contract amount to $739,338.00. Councilmember Wiegenstein seconded the motion. Councilmember Marshall asked additional questions regarding the sediment sampling and analysis and whether this would be needed for the channel as well. Project Manager Arvidson and Director Smith noted the channel is outside of the City limits and is the jurisdiction of the state and federal gov- ernment. Director Smith noted the Washington State Army Corps of Engineers are doing a site write up and staff will bring any recommendations from them to the Council at a later date. There being no further discussion, the vote on the motion passed unanimously. BREAK – Mayor Wright called for a brief recess at 7:59 p.m. At 8:04 p.m. he resumed the meeting. 9. OTHER ITEMS FOR CONSIDERATION a. Request for Support of a Resolution forming a Metropolitan Park District by North Whidbey Pool, Park, and Recreation District Speaking on behalf of the item was James T. Marrow, Board Chair and Jay Cochran, Executive Direc- tor of the North Whidbey Pool, Park, and Recreation District (NWPPRD). The NWPPRD presented their request and submitted a draft resolution for City Council support in placing formation of a Metro- politan Park District (MPD) on the ballot for a vote of the people. To place this item on the ballot with- out a petition of registered voters, NWPPRD needs approval by the Oak Harbor City Council and ap- proval from the Island County Board of County Commissioners. Approval to place the MPD on the bal- lot can also be done by petition of 15% of the voters. An MPD only requires approval by a simple majority of voters, after which the MPD's legislative body may impose permanent property taxes. By comparison, NWPPRD only imposes property tax levies for six years at a time, subject to 60% voter approval. An MPD will have more powers and taxing authori- ty than the current NWPPRD. Staff provided six potential alternatives to creating a North Whidbey Metropolitan Park District for Council evaluation in considering possible approval of the NWPPRD request. Mayor Wright noted two comments had been received regarding this item. The comments from Tom Jones of Oak Harbor and Patricia Hardin of Oak Harbor, both in support of forming an MPD, were dis- played. Mayor Wright called for any comments from those in attendance. 1. Mukunda-Krishna Tyson of Oak Harbor spoke in favor of NWPPRD forming an MPD 2. Brett Arvidson of Oak Harbor, speaking as a citizen, also supported the formation of an MPD 3. Amber Craven, Oak Harbor High School Girls Swim Team Head Coach supported the item. 4. Tom Jones, of Oak Harbor, whose letter was displayed, favored moving the NWPPRD projects un- der the City’s Parks and Recreation Department and having just one organization. 5. Sharon Jensen noted she lived outside the city limits, but the decisions made by the Council impact others in all areas. EXTENSION - At 8:49 p.m. Mayor Wright requested a motion to extend the meeting. Motion: Councilmember Wiegenstein moved to suspend the Council Rules and extend the meeting to 9:30 p.m. The motion was seconded by Councilmember Marshall and passed unanimously. Hearing no others public comments, Mayor Wright requested Council comments. Regular Meeting Minutes March 19, 2024 Page 7 of 8 Councilmembers Wiegenstein, Stucky, Marshall, and Mayor Pro Tem Hizon provided their respective questions and comments, with Jay Cochran, Director Smith, City Attorney Evans, Deputy City Admin- istrator Goldman, and Interim City Administrator Combs responding. EXTENSION - At 9:16 p.m. Mayor Pro Tem Hizon requested to further extend the meeting. Motion: Mayor Pro Tem Hizon moved to suspend the Council Rules and further extend the meeting to 10:00 p.m. The motion was seconded by Councilmember Marshall and passed unanimously. Additional discussion resumed on the item. Motion: With discussion concluded, Councilmember Marshall moved to support the NWPPRD resolu- tion seeking the City’s approval to form a Metropolitan Park District (MPD). The motion was seconded by Councilmember Wiegenstein. Councilmember Hoffmire noted that as both a member of the City Council and an employee of the NWPPRD he would recuse himself from voting. The vote on the mo- tion carried 5-1 with Mayor Pro Tem Hizon and Councilmembers Armes, Wiegenstein, Woessner, and Marshall in favor and Councilmember Stucky opposed. 10. REPORTS & DISCUSSION ITEMS None 11. EXECUTIVE SESSION Mayor Wright announced the Council would move into executive session to discuss with legal counsel litigation or potential litigation per RCW 42.30.110 (1) (i). He noted the anticipated duration was fifteen minutes with no action to follow and that executive sessions are not open to the public. The Council entered executive session at 9:30 p.m. At 9:45 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 Woessner moved to adjourn, seconded by Councilmember Marshall. The motion was approved by a unanimous vote, therefore the meeting adjourned at 9:46 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes March 19, 2024 Page 8 of 8