HomeMy WebLinkAbout2014-11-03 City Council Minutes Approved City Council Minutes— November 3, 2014
At 7:00 p.m. Mayor Laurie Gere called the regularly scheduled Anacortes City Council meeting of
November 3, 2014 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad
Adams, Liz Lovelett, John Archibald and Matt Miller. The assembly joined in the Pledge of Allegiance.
Citizen Hearings
Hershel Janz, 1120 King Street, observed that the ivy had been removed from the planting strips on
several blocks along R Avenue and bark had been spread and it looked very good. Mr. Janz encouraged
removing the ivy from the rest of the R Avenue planting strips because ivy is an invasive plant in the
Anacortes Community Forestlands that requires a great deal of volunteer and staff time to remove. Mr.
Janz suggested having a landscape designer redesign the landscaping in the R Avenue corridor and
raising donations to install new landscaping between the curb and the sidewalk.
Mayor/Council Communication and Committee Reports
WWTP Laboratory Analyst Excellence Award: Mayor Gere read a statement congratulating Wastewater
Treatment Plant Laboratory Supervisor Becky Fox on being awarded the Lab Analyst Excellence award
by the Pacific Northwest Clean Water Association and the Water Environment Federation at the PNCWA
convention on October 28.
Public Works Accreditation Report: Mayor Gere read an October 27, 2014 letter from the American
Public Works Association awarding full reaccreditation to the Anacortes Public Works Department for the
next four years and congratulating the department on its continual improvement. Public Works Director
Fred Buckenmeyer presented a slide show explaining the accreditation process. He reported that"full
compliance" is the highest standard awarded by the APWA and said Anacortes was also recognized for
five model practices. Mr. Buckenmeyer thanked Administrative Manager Shelley Jensen for coordinating
the accreditation process for the past eight years. Mayor Gere congratulated the department on its
achievement.
Solid Waste Holiday Schedule: Mayor Gere announced that a new holiday solid waste schedule would go
into effect beginning in December to eliminate holiday trash holdovers. The mayor advised that each
December a schedule would be published instructing customers whether to set out their trash the day
before or the day after holidays that occur during the following year. Mayor Gere thanked staff for
responding to customer requests to make this change.
Ms. Lovelett reported a very successful Friends of the Forest benefit event on Saturday evening to
support the forest education program. She reminded everyone to vote by 8:00 p.m. on Tuesday,
November 4.
Mr. Adams announced the Movember campaign to increase prostate cancer awareness.
Mr. Archibald reported that the Tourism Committee had a good meeting the prior week with the Chamber
of Commerce and planned to meet again to discuss modifications to the proposed contracts with the
Chamber. He said the Committee hoped to bring the contracts back to Council for action by December.
Mr. Miller reported that the Personnel Committee met on October 27 and was continuing to discuss an
ordinance addressing employment benefits for the mayor separate from the Personnel Policies.
Consent Agenda
Mayor Gere removed Ordinance 2939 from the Consent Agenda and advised that staff would bring that
item back to Council in the future.
Mr. Johnson moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote:
Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried.
Anacortes City Council Minutes November 3, 2014 1
Approval of Vouchers/Cancellation of Checks
Council voted unanimously that the following vouchers/checks audited and certified by the City's Auditing
Officer(Finance Director) and subsequently reviewed and approved by the Council Finance Committee
on October 22, 2014 and October 29, 2014 are approved for payment as of November 3, 2014.
Claims
Check Numbers 74178 through 74342 in the total amount of$320,680.19
EFT Numbers 74176 through 74177 in the total amount of$10,260.00
Pre-Written Claims
Check Numbers 74174 through 74175 in the total amount of$979.09
Cancelled Checks
Check Number 74136 in the amount of$66.62
Check Number 73857 in the amount of$210.00
In the same motion Council approved the minutes of October 20, 2014 and October 27, 2014 as if read.
UNFINISHED BUSINESS
Washington Survey Rating Bureau Presentation
Fire Chief Richard Curtis reported on the City's recent grading received from the Washington Survey and
Rating Bureau. He said Anacortes remains Class 5 which supports stable fire insurance rates in town.
Chief Curtis explained the complexity of the Bureau's rating system and the structure of the Bureau,
which is funded by 250 insurance companies in Washington State. He said jurisdictions are classed on a
scale from 1 (best fire protection, lowest fire insurance rates)to 10 (no fire protection, highest fire
insurance rates). He added that half of the 700 jurisdictions rated in Washington are Class 7 or better.
Chief Curtis compared the 2014 rating to the City's last rating in 1993 and summarized the changes in the
Bureau's scoring system since that time. The chief then reviewed in more detail the specific factors
evaluated by the Bureau to measure the effectiveness of the City's water supply, fire department, 911
center, and fire safety efforts. He noted high marks in many areas and mentioned areas suggested for
improvement such as frequency of inspection and testing of hydrants, an additional pumper truck,
additional firefighters, more training, frequency of fire code inspections and additional public education.
Chief Curtis pointed out that in some areas the level of service recommended by the Bureau is not
economically practical nor achieved even by very large fire departments. Chief Curtis answered questions
from councilmembers regarding potential rating improvements through means such as code adoption,
additional volunteers, and additional public education. He reported that neighboring cities are rated
between 4 and 6.
Public Hearing: 2015 Budget
Finance Director Steve Hoglund reviewed the list in the Council packet of changes staff proposed to
make to the preliminary budget before it was presented to Council for adoption by ordinance. He pointed
out that the draft resolution adopting a 1% property tax increase was also included in the packet and was
part of the evening's public hearing. Mr. Hoglund explained that the preliminary budget is based on
adopting the 1% property tax increase.
At approximately 7:53 p.m. Mayor Gere opened the public hearing on the preliminary 2015 budget. She
asked speakers to limit their initial comments to three minutes until everyone had had a chance to speak.
Gerald T. Osborn, 1318 20th Street, said Anacortes should continue its tradition of remaining in good
fiscal and legal condition. Mr. Osborn cited his experience representing the Building Department at Board
of Adjustment hearings for fifteen years and serving as the City's contract public defender for eight years.
He said the Washington State Supreme Court decision on public defender case limits is overkill, that the
City's contract public defender is probably not spending 40 hours a week doing what he does, and that he
doubted that hiring an in house public defender was necessary. Mr. Osborne urged the City to shop
locally for public defense services and said there are several good lawyers in town and in Skagit County.
Anacortes City Council Minutes November 3, 2014 2
Gene Derig, 1302 K Avenue, referred to an earlier email he and his wife, Marilyn, had submitted and
emphasized one point from that communication. He said that in the face of increasingly complex laws,
City staff, City Council, the Planning Commission and the mayor deserve the support of a full-time
salaried City Attorney to assist them. Mr. Derig suggested that position would save the City money in the
long run.
Sandra Spargo, 1408 11th Street, spoke on behalf of Evergreen Islands. Ms. Spargo described a number
of changes happening in Anacortes and said Anacortes needs a full-time employee attorney immediately
available to staff, Council and the mayor. She urged the City to cast its net beyond Anacortes to find
someone dedicated to serve staff, Council and mayor full time.
Tom Glade, 210 Mansfield Court, spoke on behalf of Evergreen Islands. He read from the group's email
sent to the mayor and City Council earlier in the day strongly supporting the preliminary budget's inclusion
of an in house city attorney, public defender and legal assistant. Mr. Glade discussed how a full time city
attorney would support the work of the Planning Commission, improve its procedural and administrative
practices, and eliminate increased costs due to the more formal decision-making procedures required by
a Hearing Examiner.
Vernon Lauridsen, 2219 32nd Street, spoke in support of the full time in house city attorney included in
the preliminary budget. Mr. Lauridsen said the City needs that skill set on a day to day basis. He
commented on the extensive work under way to update the 2016 comprehensive plan and the substantial
subsequent effort to rewrite the municipal code. He added that every City contract and all legislation
should get legal review. Mr. Lauridsen argued that a full time city attorney would also provide risk
management benefits to the city.
Brian Wetcher, 814 26th Street, observed that recent comprehensive plan workshops underscored that
the natural and recreational environment are important in Anacortes and he urged Council to support all
budget line items presented by the Parks and Forestlands staff. He said that budget had been pared
down to necessities. Secondly, regarding legal counsel, Mr. Wetcher expressed support for professional
full time legal counsel and public defender. He praised Mr. Furlong's work for the City and in the region
and suggested he would be a great full time attorney for the City if he were not already committed to his
successful private practice.
No other audience members wished to speak. Mayor Gere left the public hearing open in case further
Council discussion spurred more public comment.
Council Discussion of 2015 Budget
Mr. Adams invited his colleagues to discuss the proposed city attorney position.
Mr. Miller read his two-page letter to the mayor conveying his areas of concern about the preliminary
budget that needed to be addressed. Mr. Miller said he would distribute copies of his letter to
councilmembers and staff. In response to Mr. Miller's objection to the rising sea level impact study
proposed on line 1781 of the preliminary budget, Mayor Gere indicated that she had requested that item
to be removed from the budget but it had been retained in error and would be corrected.
Mr. Johnson referenced an email sent to the mayor and City Council earlier in the day by Administrative
Services Director Emily Schuh regarding the proposal to hire an in house public defender. Ms. Schuh
summarized the two issues driving that proposal, first the Wilbur vs. Mount Vernon case, which cost
Mount Vernon a $2.2M fine, and second the State Supreme Court ruling limiting public defender case
loads. She noted that most attorneys can handle more cases than that but said the case load limits are
now law and will increase the cost of public defense. Mayor Gere requested clarification on why an in
house public defender would be preferable to contracted public defense services. Ms. Schuh explained
that because the case load limits apply to an attorney's entire workload, not just to the workload for a
single entity, an attorney serving as a contract public defender for Anacortes would be unable to take any
other cases from any other client. Mr. Walters agreed, saying the City could possibly hire a younger or
less expensive attorney as public defender but pretty much does have to either hire or contract with
Anacortes City Council Minutes November 3, 2014 3
someone full time to avoid liability. Mr. Miller asked if Washington Cities Insurance Authority (WCIA) paid
Mount Vernon's fee. Ms. Schuh advised that WCIA represented Mount Vernon in the case and said WCIA
does raise rates for member insureds based on claims. Mr. Miller suggested that the City look at other
options and that higher insurance premiums may cost less than the ongoing cost of an in house public
defender and legal assistant. Ms. Pickett pointed out that a city's experience rating can affect its
premiums by hundreds of thousands of dollars so the risk is not trivial. Ms. Lovelett commented that you
can't put a price tag on public defense. Mr. Walters requested a briefing on the issue and agreed that the
question is not just one of risk management but of compliance with state law and protection of the
constitutional rights of defendants. He said he was uncomfortable with the contracted legal service model,
wondered who was supervising the contracted attorneys, and said the in house public defender may not
be ideal but is probably the best option for the time being. Mr. Miller said the taxpayers deserve this sort
of detailed discussion of proposed staffing increases and thanked Ms. Pickett for her argument in favor of
risk management.
Mr. Johnson clarified with Mr. Furlong that neither the public defender nor his legal assistant could be
assigned to other legal tasks in which they would represent the interests of the city.
Mr. Adams said he was leaning towards a full time public defender for consistency and better work flow.
Ms. Lovelett observed that the preliminary budget was not fully funding street repairs and wondered how,
with additional spending on attorneys, the City would make that up in years ahead. Mayor Gere observed
that staff accomplished quite a bit of street repair with only$900K during 2014 and added that additional
REET could be dedicated to street repairs in 2015 and in future years. Mr. Walters, Mr. Johnson and Mr.
Archibald discussed with Mr. Buckenmeyer the budget for street repairs for 2015 and the variables
affecting how much could be accomplished with a given amount of funding. Mr. Adams said he was
surprised that the preliminary budget did not include the full $1.1 M for streets called for in Resolution
1895.
Mr. Johnson observed that Resolution 1900 expressing Council's 2015 budget objectives supported a
public defender and called for evaluating a new city attorney position by the end of the first quarter; he
supported that idea. Mr. Johnson reported that six Washington cities the size of Anacortes have water
utilities and two of those, Tumwater and Aberdeen, have full time city attorneys. He asked staff to find out
how much legal work those cities still contract out, whether the current city attorney reviews all contracts
and legislation, how many hours of attorney time might be needed to update the municipal code following
the Comprehensive Plan update, and generally how Anacortes compares to other cities in terms of
spending for legal counsel. Mayor Gere contrasted the strengths of the two approaches to providing city
attorney services. Mr. Johnson suggested that if additional REET could be used for roads the City could
afford to hire a city attorney. Mayor Gere reminded that the preliminary budget spends approximately
$340K of general reserves and agreed with Mr. Miller that adding new positions is an ongoing expense.
Mr. Miller asked for more information on the net increase in spending on the city attorney and public
defender in the preliminary budget. Ms. Pickett pointed out that the City would still have to hire outside
legal counsel for some matters. Mr. Adams said the City has a healthy reserve fund that belongs to the
taxpayers and noted the public support for a full time city attorney. Ms. Lovelett reiterated the value of
having legal advice readily available to staff, mayor and Council. Mr. Archibald agreed, particularly given
the growth state of the city, and said the City needs to figure out how to pay for it.
Mr. Walters asked if the budget included a cost of living adjustment for staff. Ms. Schuh advised that the
City was still in negotiations with several of the bargaining units. Mr. Walters requested salary schedules
for department heads and other non-union employees. Ms. Schuh advised that those would be included
in the final budget. Mr. Miller said that Council should determine the compensation of city officers and
should know the inflator for wages and salaries. Ms. Schuh offered to share that information in executive
session pending completion of bargaining unit negotiations.
Mr. Johnson inquired about the items included in the Capital Facilities Plan for 2015 but not in the
preliminary budget at the same level of spending. He expressed concern about deferred capital
expenditures. Mr. Hoglund reviewed the list from the Council packet and explained why various items had
Anacortes City Council Minutes November 3, 2014 4
not been included in the budget or had been included with revised cost estimates—some having been
already begun in 2014, some dependent on grant funding, some being included with other projects. Mr.
Walters asked that those explanations be provided in writing and inquired why cost estimates would have
changed since the CFP was adopted in August. Mr. Adams observed that the CFP process would begin
earlier in 2015 and would tie better to the budget.
Mr. Johnson observed that Council had not taken action to direct staff to make any specific changes to
the proposed budget and that continued discussion appeared to be in order. Mayor Gere advised that the
public hearing on the 2015 budget would remain open. At approximately 9:25 p.m. Mayor Gere adjourned
the meeting to 7:00 p.m. on Monday, November 10, 2014 in the City Council Chambers for the purpose of
continuing Council discussion and public hearing regarding the 2015 budget. She invited councilmembers
to forward any additional questions about the budget to staff in the following few days.
Anacortes City Council Minutes November 3, 2014 5