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HomeMy WebLinkAbout2014-10-06 City Council Minutes Approved City Council Minutes—October 6, 2014 At 7:00 p.m. Mayor Pro Tem Eric Johnson called the regularly scheduled Anacortes City Council meeting of October 6, 2014 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Liz Lovelett, John Archibald and Matt Miller. Brad Adams was absent. The assembly joined in the Pledge of Allegiance. Citizen Hearings No one present wished to speak. Mayor/Council Communication and Committee Reports Proclamation of Fire Prevention Week: Mayor Pro Tem Johnson read a statement proclaiming October 6-12, 2014 to be Fire Prevention Week in Anacortes and urged citizens to protect their homes and families by heeding the important safety messages and to learn more at the Anacortes Fire Department Open House on October 11, 2014. Proclamation of the Great Washington Shakeout: Mayor Pro Tem Johnson read a statement proclaiming October 16, 2016 to be the Great Washington Shakeout in Anacortes and urged citizens to take time to recognize and acknowledge the importance of building a safer community and reducing the loss of lives and property from a major earthquake event by taking proactive steps. Proclamation of Domestic Violence Awareness Month: Mayor Pro Tern Johnson read a statement proclaiming October 2014 to be Domestic Violence Awareness Month in Anacortes and urged citizens to work together to eliminate domestic violence from the community. Mr. Johnson announced that Anacortes Improvement Board member Fred Curow had resigned his position on the board and that a replacement from Ward 3 was being sought. Mr. Walters reported that the Board also had a vacancy from Ward 1. Mr. Johnson reported that a delegation from Skyline had visited all hearing loop sites in Mount Vernon, Burlington, and Anacortes and had rated the system in the Anacortes City Council Chambers the best. Mr. Johnson commended the City's IT staff for their work on the hearing loop. Mr. Walters and Mr. Archibald reported from Planning Committee which met earlier in the evening. They reported that the Planning Department had been focusing on the Comprehensive Plan update and increased activity in the Building Department for which a part time on call building inspector was being sought. Mr. Walters advised that the Willette Business Park and parking regulations would come back before Council in the near future. Mr. Archibald added that the next phase of the Guemes Channel Trail was moving forward. Consent Agenda Ms. Lovelett withdrew the minutes of September 22, 2014 from the Consent Agenda. Mr. Miller moved, seconded by Ms. Pickett, to approve the following Consent Agenda items. Vote: Ayes— Walters, Pickett, Johnson, Lovelett, Archibald and Miller. Motion carried. 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 September 17, 2014, September 24, 2014 and October 1, 2014 are approved for payment as of October 6, 2014. Anacortes City Council Minutes October 6, 2014 1 Claims Check Numbers 73840 through 74022 in the total amount of$1,060,758.50 EFT Numbers 73835 through 73839 in the total amount of$12,286.60 Pre-Written Claims Check Numbers 73833 through 73834 in the total amount of$1,607.54 Payroll for September 19, 2014 in the total amount of$623,832.69 Check Numbers 39916 through 39943 in the total amount of$29,011.70 Direct Deposit Numbers from 55575 through 55780 in the total amount of$371,694.40 EFT Numbers from 1714 through 1718 in the total amount of$223,126.59 Payroll for October 3, 2014 in the total amount of$949,020.18 Check Numbers 39947 through 40000 in the total amount of$40,351.39 Direct Deposit Numbers from 55781 through 55991 in the total amount of$613,111.31 EFT Numbers from 1719 through 1723 in the total amount of$295,557.48 Cancelled Checks Check Number 73550 in the amount of$330.93 Check Number 69418 in the amount of$1,487.54 In the same motion Council: approved the minutes of September 15, 2014 as if read; accepted as complete the Intake Low Head Pump Installation at the Water Treatment Plant Intake Pump Station (13-005-IDS-001) contract with Award Construction; and approved the Street Fair Application for the Anacortes High School Homecoming Parade on October 10, 2014 from 3:00 to 4:00 p.m. Ms. Lovelett corrected the minutes of September 22, 2014, first sentence of the fifth full paragraph on page seven, to read: "Ms. Lovelett inquired about the supposition that in years past there had been a reluctance to have commercial development along SR20 due to its proximity to the refineries." Ms. Lovelett moved, seconded by Mr. Walters, to approve the minutes of September 22, 2014 as corrected. Vote: Ayes— Pickett, Lovelett, Archibald, Miller, Walters and Johnson. Motion carried. UNFINISHED BUSINESS Resolution 1902: A Resolution Regarding Personnel Policies and Benefits for City of Anacortes Officers and Employees, Including the Mayor; Adopting a Revised Manual of Personnel Policies, and Superseding Resolution 1897 Mr. Miller reported that pursuant to Council's request at the September 2, 2014 City Council meeting the Personnel Committee met to discuss this issue and that the memo in the Council packet accurately reflected what was discussed in committee. Administrative Services Director Emily Schuh confirmed that the Committee met on September 22, 2014. Ms. Schuh reviewed the Committee's recommendation that the City continue the longstanding practice of the mayor earning vacation, sick leave and holiday benefits according to the general personnel policies. She summarized the rationale for that recommendation as presented in the Council packet. Ms. Schuh presented draft Resolution 1902 adopting revised personnel policies to clarify which personnel policies apply to the mayor and supersede any previous Council resolution or action inconsistent with those policies including Resolution 1867 adopted September 2, 2014. Mr. Miller elaborated on the Committee's deliberations. He reported the Committee's conclusion that even though the mayor has no direct supervisor it still makes sense to track the mayor's vacation time and hours, that this was not previously codified or written into City policy, and that vacation and sick leave should apply to the mayor as to any department head. He noted councilmember concerns about the cost to buy out accrued vacation time at the end of a mayor's term of office and asked Ms. Schuh what that cost would amount to after eight years in office. Ms. Schuh presented those calculations and reported that the maximum possible vacation buyout would be approximately$10,000. She said that after eight years no employee would accrue enough sick leave to have any of it qualify for buy back. Anacortes City Council Minutes October 6, 2014 2 Mr. Walters asked if the Committee looked at how other jurisdictions handle this issue. Mr. Johnson reported that Tumwater has both a water utility and a strong mayor and does not accrue or pay out vacation for its mayor. He asked for more research from the Committee on other comparable jurisdictions. Mr. Miller agreed that comparing the mayor's salary to comparable jurisdictions was needed but reiterated that the mayor of Anacortes should be treated similarly to any other department head in terms of vacation and sick leave. Mr. Archibald agreed. Ms. Pickett questioned if the Committee would be able to find very many jurisdictions with a mayor who is also CEO of a water utility. She agreed with Mr. Miller and Mr. Archibald and supported continuing the current practice. Mr. Walters expanded on his philosophical objection to the current practice and described it as a separation of powers issue. Ms. Pickett and Mr. Miller disagreed. Ms. Lovelett suggested reconciling the mayor's vacation accrual every four years to avoid large, unbudgeted payouts at the end of a term. Mr. Miller suggested that should apply to all City employees including the mayor. Mr. Walters listed practical considerations about applying Personnel Policies 502-506 to the mayor and concluded that doing so is not practical. He urged adopting separate special policies for the mayor, if needed, but warned that Council has no authority to enforce them. Mr. Miller recommended that councilmembers write up their points and send them to the Personnel Committee for further consideration. Ms. Lovelett inquired if anyone in the audience wished to comment. No one present wished to speak. Mr. Johnson referred the question back to the Council Personnel Committee. Mr. Miller reiterated that councilmembers should send him written input on additional points they wanted the Committee to consider. NEW BUSINESS Emergency Operations Plan Presentation Fire Chief Richard Curtis advised that he had provided copies of the updated Emergency Operations Plan to councilmembers. He showed a 4-minute video about the Great Washington Shakeout scheduled for October 16, 2014. Chief Curtis reminded everyone to drop, cover and hold on 10/16/14 at 10:16 a.m. Ms. Lovelett encouraged participation of the schools. Chief Curtis reported on the damage experienced during and after the 6.0 earthquake in Napa, California on August 24, 2014. He reviewed the four phases of emergency management including mitigation, preparation, response and recovery. He described the coordination of different levels of government to respond to emergencies and the emergency operations plans of each level of government. The Chief outlined the initial actions assigned to City employees in the case of an emergency and the staff assigned to the City's Emergency Operations Center. He then summarized councilmember responsibilities in the case of an emergency. Councilmembers discussed the succession plan should the mayor and the mayor pro tern both be unavailable to serve in the event of an emergency. Mr. Furlong advised that he would consult with MRSC and bring back a recommendation to Council; he suggested that the succession plan be adopted by ordinance. Chief Curtis described the role of Community Emergency Response Team (CERT) members in the event of an emergency and invited interested members of the public to participate in the next CERT training Monday and Thursday evenings October 13 through November 1. Ms. Lovelett suggested an abbreviated CERT training for councilmembers that would not conflict with Council meeting times. Chief Curtis answered Ms. Lovelett's questions about specific items in the EOP. Mr. Walters stressed the need to plan for emergencies other than natural disasters, expanded on the role of City Council in the event of an emergency and discussed with Chief Curtis the staff members available to serve as Public Information Officer. Mr. Miller agreed that ensuring continuity of government is important particularly since not all City staff live on Fidalgo Island and called attention to the critical infrastructure/key resource analysis in the plan. Chief Curtis invited councilmembers to email him any feedback or suggestions for additions and improvements to the Plan. Community Solar Project Lease Agreement Ms. Pickett announced that she hoped to be an investor in the subject project and so recused herself from voting and left the room. Public Works Director Fred Buckenmeyer requested Council approval of a lease agreement with Anacortes Library Community Solar LLC to lease a portion of the library roof for installation of a solar Anacortes City Council Minutes October 6, 2014 3 array. He reviewed the Council packet materials which provided background on the Community Solar Project proposed for the library and the state legislation enabling such projects. Mr. Buckenmeyer advised that the Library Board, Library Foundation and Library Director as well as the Council Public Works Committee had all been briefed on the project. He explained that earlier in the year the mayor had signed a Grant of Option to Lease Rooftop in order to allow the LLC to pursue grant funding for the project. Funding now being in place, Mr. Buckenmeyer recommended authorizing the mayor to execute the lease. He explained that the LLC would purchase, install, operate and maintain the solar panels until 2020 at which point the City would have the option to purchase the system for$1.00. He noted that the solar panels have a 25-year warranty. Mr. Walters moved, seconded by Ms. Lovelett, to approve the lease agreement. City Attorney Brad Furlong advised that he would like to review the lease agreement regarding a potential conflict of interest about which he had just become aware. He asked that the motion be tabled. Kevin Maas, Manager of Anacortes Library Community Solar LLC, advised that Ms. Pickett was not currently an investor in the project and confirmed that delaying execution of the lease would cause problems for the project due to high market demand for solar installation contractors but would not cause the project to fail. Mr. Walters moved, seconded by Mr. Miller, to amend the motion to authorize the mayor to execute the lease agreement if upon advice of the City Attorney the City was not prohibited from entering into the agreement by virtue of any interest of any councilmember in the LLC. Vote on amendment: Ayes— Lovelett, Archibald, Miller, Walters and Johnson. Motion carried. Vote on amended motion: Ayes—Archibald, Miller, Walters, Johnson and Lovelett. Motion carried. Ms. Pickett rejoined the proceedings. Contract Award: Pedestrian Safety Enhancement Project(11-035-TRN-012) Mr. Buckenmeyer requested Council approval to award a contract for pedestrian safety enhancements including sidewalks at Glasgow Way between Oakes Avenue and Camano Place, a mid-block flashing beacon crossing at Island View Elementary School, and ADA ramps at 29th Street and M Avenue. He explained the mix of grant and local funding. Mr. Buckenmeyer reported that six bids were received with the low bid from Scimitar Construction. He recommended awarding the contract to Scimitar Construction for$102,750. Ms. Lovelett moved, seconded by Mr. Archibald, to award the contract to Scimitar Construction in the amount of$102,750. Vote: Ayes—Miller, Walters, Pickett, Johnson, Lovelett and Archibald. Motion carried. Contract Award: R Avenue Storm Project(14-016-STM) Mr. Buckenmeyer requested Council approval to award a contract to construct a storm drainage conveyance line in the R Avenue right-of-way just south of Seafarer's Way. He reported that four bids were received with the low bid from Scimitar Construction. Mr. Buckenmeyer recommended awarding the contract to Scimitar Construction for$111,653. Ms. Lovelett pointed out that this project would be an opportunity for a "dig once" policy to call for installation of fiber optic conduit. She asked what the cost would be to add that to the contract and whether Council wanted to expedite a policy to call for such measures on future projects. Mr. Miller suggested putting an ordinance in place for future projects. Mr. Buckenmeyer discussed the variables at play and his experience with installing fiber optic in the City of Mount Vernon. Mr. Walters summarized that Council would like to move toward installing fiber optic conduit where it makes sense to do so. Mr. Buckenmeyer agreed that staff would look into a change order to add that to the subject contract. Mr. Walters moved, seconded by Ms. Lovelett, to award the contract to Scimitar Construction in the amount of$111,653. Vote: Ayes—Walters, Pickett, Johnson, Lovelett, Archibald and Miller. Motion carried. Contract Award: Block 5 Bowman Ship Harbor Addition Storm Project (11-038-STM) Mr. Buckenmeyer requested Council approval to award a contract to construct storm drainage improvements in the alley between 4th and 5th Streets and T and U Avenues. He advised that the project was eligible for 100%funding through the City's Community Development Block Grant. Mr. Buckenmeyer reported that three bids were received with the low bid from Scimitar Construction but that Scimitar had Anacortes City Council Minutes October 6, 2014 4 failed to include the required bid bond so its bid was not responsive. He recommended awarding the contract to the second low bidder, Welch Brothers Construction, in the amount of$49,243.28. Councilmembers discussed the City's CDBG funding for past, current and future years. Mr. Buckenmeyer deferred to Planning Director Don Measamer and CDBG grant administrator Joann Stewart. Mr. Walters requested a report from staff on which projects had been funded with CDBG funds in the past. Mr. Miller moved, seconded by Mr. Walters, to award the contract to Welch Brothers Construction in the amount of $49,243.28. Vote: Ayes— Pickett, Johnson, Lovelett, Archibald, Miller and Walters. Motion carried. At approximately 8:50 p.m. Mayor Pro Tem Johnson adjourned the meeting to 6:00 p.m. on Monday, October 13, 2014 in the City Council Chambers for the purpose of an Executive Session regarding 1) potential litigation per RCW 42.30.110 (i) and 2)a real estate discussion per RCW 42.30.110 (b, c). Anacortes City Council Minutes October 6, 2014 5