Agenda Page Monday March 7, 2011 6:00 PM Call to Order Roll Call Flag Salute City of Ocean Shores Regular City Council Meeting Ocean Shores Convention Center 120 Chance A La Mer Ocean Shores, Washington Approval of Meeting Agenda 3-27 Council Vacancy Appointment 1. City Council Position 3 Executive Session: RCW 42.30.110 (1)(h) To evaluate the qualifications of a candidate for appointment to elective office. Council Discussion Council Action 2. Oath of Office for New Councilmember Ceremonies & Proclamations Public Communication to Council Announcements 3. Board and Committee Vacancies Two member and two alternate vacancies on the Building Code Board of Appeals and one vacancy on the Radio Board. Appointments 4. Fresh Waterways Advisory Board Appointments by Mayor French Council Reports Mayor's Report Page 1 of 39
Page Other Reports Staff Report 28-36 Consent Agenda 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, 2010. 6. Approval of Claims. Old Council Business 37-39 New Council Business 7. An Ordinance of the City Council of the City of Ocean Shores, Washington, amending the City Council meeting time and date, amending Section 2.12.010 of the Ocean Shores Municipal Code, and repealing Ordinance No. 884. Presented by Art Blauvelt 1st Reading Council Questions Public Comment Council Discussion Possible Council Action Future Agenda Item Suggestions Executive Session 8. As Necessary. Adjourn Page 2 of 39
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REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2011 Call to Order: Mayor French called the Regular City Council Meeting to order at 6:02 p.m., at the Ocean Shores Convention Center. The meeting was audio and video recorded. Council present: Councilmember Lynn, Crumpacker, Creighton, Farra, Skewis, and Broadbent. City Staff present: Mayor Garland French, City Attorney Art Blauvelt, Chief of Public Safety Mike Styner, Public Works Director Ken Lanfear, and City Clerk Diane Foss. Roll Call: City Clerk Foss called roll. Flag Salute: Meeting Agenda Approval: Ceremonies and Proclamations: Councilmember Creighton led the flag salute. Tape 1, #43 - Councilmember Crumpacker made the motion to approve the meeting agenda. Councilmember Skewis seconded the motion. The motion passed unanimously. Chief Styner, Fred Scott, Tony Halekakis, and Eric Smoluski presented January Hometown Hero award to Jan and Ed Lane for their multitude of volunteer services to the City. Public Communication: JoAnn Balmer commented that social service resources are available through a partnership with NB Senior Resource Center. On April 14 from 9:00 a.m. to 3:30 p.m. an information and assistance fair is scheduled at the convention center to help seniors stay independent. Edson Engle commented on the finances of the City. Rick Selby commented on concern for storm drain maintenance and flooding problems around his home. Donovan Scott commented on people feeding deer in the City. Presented Council a petition signed by numerous citizens which reads: We the undersigned citizens of the City of Ocean Shores, Washington, respectfully request that the City adopt an ordinance to ban feeding deer. The many problems from feeding deer include: health of the deer, drastic overpopulation of deer creating an increase in predators such as cougars as well as rodents, the nuisance from animal waste, the expense and effort of protecting landscaping. John Schroeder, Kathleen Brown, and Walt Gruenberg commented in opposition to restrictions on feeding deer. Announcements: Appointments: Council Report: Mayor French announced that there are two member vacancies and two alternates on the Building Code Board of Appeals and one vacancy on the Radio Board. None. Councilmember Lynn reported that he will hold his Council hour Thursday from 9:00 to 10:00 a.m. at Shilo; and attended AWC meetings last week. Councilmember Broadbent attended the AWC meetings and met the City Administrator from Westport. 02.22.2011 Regular Meeting Page 1 of 5 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 28 of 39
REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2011 Mayor s Report: Other Reports: Staff Report: Consent Agenda: Mayor French reported that nine applications were received for the Council vacancy; will follow the same process used for the last vacancy. Each candidate will be invited to the next meeting to make a presentation and answer questions; an executive session will be held to evaluate qualifications; a candidate may be appointed in open session. None. None. Tape 1, #1956 - Councilmember Lynn made the motion to approve the consent agenda. Councilmember Creighton seconded the motion. The motion passed unanimously. The Consent Agenda included: 1. Approval of Claim Warrants #152773 through #152868 in the amount of $604,682.04 dated this 22 nd day of February 2011. Old Council Business: Ordinance No.893: City Administrator An Ordinance of the City Council of the City of Ocean Shores, Washington, creating the position of City Administrator and codifying Chapter 2.10 under Title 2 of the Ocean Shores Municipal Code. Mayor French gave the second reading of the Ordinance by title. Art Blauvelt commented that this ordinance is consistent with the mayor-council form of government. There were Council comments: would like a section included requiring the Mayor to perform an annual evaluation of the City Administrator and evidence that it was completed provided to Council; concern for the City Administrator assuming Mayor s duties in the Mayor s absence; mayor pro tem should assume the Mayor s duties during absence. Mayor French commented that the mayor pro tem role should be defined in a separate ordinance. The City Administrator would be responsible for daily operation of the City and the mayor pro tem would act for the Mayor in an emergency. Council requested a review of the mayor pro tem role to direct policy that an elected official should be the chief executive officer in the Mayor s absence; assigning personnel management to the City Administrator; the job description will be created after the ordinance is approved; opposition to the City Administrator position. There were public comments: use a professional agency to recruit a City Administrator; the Mayor appointing or removing a City Administrator; the City Administrator position needs to be funded; prefer City Administrator to be an Ocean Shores resident; opposed to the City Administrator position; in favor of a City Administrator; remove Section 2.10.080 from the ordinance as the City Administrator duties do not change in the Mayor s absence; hire a City Administrator that has the knowledge to deal with labor negotiations and contracts; the Mayor should be a full-time position; an elected official should be responsible for City operations; hold a town hall meeting for 02.22.2011 Regular Meeting Page 2 of 5 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 29 of 39
REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2011 Old Council Business Continued: Ordinance No.893: City Administrator citizen input; and opposed to reducing the Mayor s salary to $1,000 per month. Mr. Blauvelt responded that an elected official s salary may not be changed during the current term; if it is not changed before the next term, then the salary will remain the same for another four-year term. Council commented that the intent is to create the position with the job description to follow; the City Administrator position was discussed during the last election. Mayor French commented that the Mayor is still the CEO of the City; hiring a City Administrator does not relieve the Mayor of responsibility and accountability. The job of the Mayor is very significant, not a part-time position. Tape 2, #1054 - Councilmember Crumpacker made the motion to approve the ordinance and add a Section 2.10.090 requiring that a performance audit or review be accomplished by the Mayor and proof of such review provided to Council on an annual basis. Councilmember Skewis seconded the motion. Councilmember Creighton asked if Councilmember Crumpacker would be willing to remove Section 2.10.080. Councilmember Crumpacker responded the motion stands. Tape 2, #1150 - The motion passed with four yes votes and two no votes by Councilmember Farra and Creighton. Mayor French recessed the regular City Council meeting at 8:06 p.m. Mayor French reconvened the regular City Council meeting at 8:11 p.m. Ordinance No. 894: Mayor s Compensation An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Chapter 2.08.030, Mayor s compensation, Ordinance Number 846. Mayor French gave the second reading of the ordinance by title. Tape 2, #1250 - Councilmember Lynn made a motion to set the Mayor s compensation at $1,500 per month. The motion died for a lack of a second. There were Council comments in opposition to providing the Mayor health and other benefits; in favor of setting Mayor s salary at $1,000 per month; in favor of setting the Mayor s salary at $1,500; and opposed to the $1,000 salary. Council questioned whether the language in the ordinance satisfies the short and long term of office requirements. Mr. Blauvelt responded that the new Mayor would be paid the current salary until December 31; the reduced salary becomes effective January 2012; which legally addresses the short and long terms for the mayor s compensation. There was public comment regarding expense reimbursement 02.22.2011 Regular Meeting Page 3 of 5 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 30 of 39
REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2011 Old Council Business Continued: Ordinance No.894: Mayor s Compensation Request: Northwest Aquatic Eco-Systems Agreement for the Mayor. Tape 2, #1610 - Councilmember Crumpacker made the motion to approve the ordinance as presented with the rate of $1,000 per month minus the section plus health and other city employee benefits. Councilmember Broadbent seconded the motion. The motion passed with four yes votes and two no votes by Councilmember Farra and Creighton. A Request for City Council to approve a proposed scope of work extending the contract with Northwest Aquatic Eco-Systems for native Elodea weed control in the fresh waterways in the amount of $65,425. Ken Lanfear presented the request for Northwest Aquatic Eco- Systems to perform weed control in the fresh waterways. The total cost of $65,425 was based on the same 2008 acreage rate when the project began. Recommend treating all fresh waterways with adjustments to accommodate the budget. There were Council questions regarding the $50,000 budgeted for native weed control; how to fund the additional $15,425. Council and staff discussed that funds may be available in the storm water budget; funding may require a budget amendment; treatment will occur in spring 2011; and the $50,000 Council approved for fresh waterways treatment does not appear in the 2011 budget. Tape 2, #2064 - Councilmember Creighton made the motion to defer this item. Councilmember Crumpacker seconded the motion. The motion passed unanimously. New Council Business: Resolution No.647: North Jetty Impact A Resolution of the City Council of the City of Ocean Shores, Washington, recognizing the flood impact on upland properties of storm waters over-topping the North Jetty, and directing that the City shall work towards an effective remedy to mitigate such impact. Mayor French read the resolution by title. Ken Lanfear presented the resolution and requested Council approval to begin the process for protection of the jetty and surrounding properties. Council and staff discussion: this resolution does not commit the City to any group or funding; in favor of the resolution; need to have the legislature direct the Corps of Engineers to provide assistance; goals is to have Corps of Engineers add the flooding issue to their scope of work; and to receive cooperation from GH COG and other entities. There were no public comments. Tape 2, #2493 - Councilmember Crumpacker made the motion to approve the resolution with the corrections in Section 1 changing the word remedy to remedies. Councilmember Creighton seconded the motion. The motion passed unanimously. 02.22.2011 Regular Meeting Page 4 of 5 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 31 of 39
REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2011 Request: Clean Smart Janitorial Agreement A request for City Council to approve a professional services agreement with Clean Smart Janitorial to provide cleaning services for City buildings. Mayor French presented the request for janitorial services for City buildings at $22,400 for the one-year agreement. Council commented that the cost for services was less than the budgeted amount. There were no public comments. Tape 2, #2612 - Councilmember Creighton made the motion to accept the request as presented. Councilmember Skewis seconded the motion. The motion passed unanimously. There was public comment regarding the process to reconsider the ordinance regarding the mayor s salary. Mr. Blauvelt responded that Council can repeal the ordinance; and candidates should not lobby council for support. Future Agenda Items: Council discussion for future agendas items. B-1 and B-2 zoning issues GH Public Facilities District meeting Review 2011 budget and interfund loans Convention Center financing Appointing a new Councilmember An ordinance changing the Council meetings back to the second and fourth Mondays of each month Executive Session: None. Adjourn: Mayor French adjourned the Regular City Council meeting at 8:55 p.m. Signed: Attest: Garland E. French, Mayor Diane J. Foss, CMC City Clerk 02.22.2011 Regular Meeting Page 5 of 5 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 32 of 39
REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 20, 2010 Call to Order: Mayor French called the Regular City Council Meeting to order at 6:00 p.m., at the Ocean Shores Convention Center. The meeting was audio and video recorded. Council present: Councilmember Lynn, Crumpacker, Berry, Creighton, Farra, Skewis, and Broadbent. City Staff present: Mayor Garland French, Finance Director Mike Folkers, Chief of Public Safety Mike Styner, Public Works Director Ken Lanfear, and City Clerk Diane Foss. Roll Call: City Clerk Foss called roll. Flag Salute: Meeting Agenda Approval: Ceremonies and Proclamations: Public Communication: Announcements: Appointments: Council Report: Councilmember Broadbent led the flag salute. Tape 1, #33 - Councilmember Creighton made the motion to approve the meeting agenda. Councilmember Skewis seconded the motion. The motion passed unanimously. None. Edson Engle commented on economics in the City. Mayor French announced that there are two member and two alternate vacancies on the Building Code Board of Appeals, two vacancies on the Planning Commission, and one vacancy on the Library Board. None. Councilmember Lynn questioned if a policy exists restricting heavy truck traffic on City streets during freezing weather. Hold Council hour Thursday at Shilo from 9:00 to 10:00 a.m. Councilmember Broadbent reported he would not be attending Planning Commission meetings as a Council liaison because of the quasi-judicial business discussed. Mayor French commented that the WCIA insurance audit recommended Council discontinue attending Planning Commission meetings because of land use discussions and recommendations; an ordinance will be brought to council regarding this matter. Mayor s Report: Other Reports: Staff Report: Consent Agenda: None. None. None. Tape 1, #270 - Councilmember Skewis made the motion to approve the consent agenda. Councilmember Creighton seconded the motion. The motion passed unanimously. The Consent Agenda included: 1. Approval of minutes for the Regular City Council Meeting on November 1, 2010. 12.20.2010 Regular Meeting Page 1 of 4 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 33 of 39
REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 20, 2010 Consent Agenda Continued: Old Council Business: Ordinance No.889: 2010 Budget Amendment 2. Approval of Claim Warrants #15293 and 152299 through #152371 in the amount of $1,175,893.25 dated this 20 th day of December 2010. 3. Approval of Payroll Warrants #700697 through 700730 in the amount of $157,462.49 dated this 20 th day of December 2010. An Ordinance for the City Council for the City of Ocean Shores, Washington, amending the 2010 Budget Ordinance No. 875. Mike Folkers gave the second reading of the ordinance by title commenting there is a change from the last reading: $150,000 was transferred from the sewer fund to the storm fund to cover aquatic weed management, increased legal expenses, and eliminate the negative fund balance. Council questioned: if the fire station construction fund ending balance will be transferred to the capital improvement fund; does the budget amendment cover all over-spending, are the 2011 beginning fund balances positive figures. Mr. Folkers responded that the remaining balance in the fire station construction fund will be used to finish the generator shelter, purchase supplies and equipment, and pay for project management. The fund will be closed when all construction expenses are paid; remaining balance will be used to pay fire station construction debt. There were Council comments regarding all but two funds have a negative balance; property tax revenue will cover the $350,000 deficit in the general fund; the storm drain fund has a large deficit from the Banks lawsuit legal fees; $50,000 of the transfer is dedicated to fresh waterways weed control; a repayment of $95,000 to the sewer fund is included in the 2011 budget; concern for time length of interfund loan repayment schedule; maintain spending control with timely budget reports. Mr. Folkers responded that interfund loans are typically for three years or less; the auditor will allow longer terms if a repayment schedule is followed. There were public comments: did not adhere to the 2010 hold-the line-budget; budget overruns; amount of the interfund loan; whether lawsuit appeal legal fees are included in the 2011 budget. A portion of the sewer fund transfer may be used for 2011 legal fees; an appeal was filed with Supreme Court so there will be more legal expenses. The fire department budget $72,000 increase is for airpacks purchased with grant funding not for generator installation. Tape 1, #1387 - Councilmember Skewis made the motion to accept the amendment with the change. Councilmember Berry seconded the motion. The motion passed with six yes votes and one no vote by Councilmember Farra. 12.20.2010 Regular Meeting Page 2 of 4 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 34 of 39
REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 20, 2010 Old Council Business Continued: Ordinance No.890: 2011 Budget An Ordinance of the City Council of the City of Ocean Shores, Washington, adopting the 2011 Budget. Mike Folkers gave the second reading of the Ordinance by title. A change was made to increase Fund 435 revenues for a total of $2,514,742.00. Council commented that the budget was not reduced by the five percent they requested; in favor of the budget; request a PUD audit at the fire station to reduce costs; in favor of the repayment schedule for interfund loans; concern for the Banks lawsuit; fresh waterways weed control funding; additional layoffs and further reductions; opposed to the budget; do not add to current debt; hold departments to their budgets. There were public comments regarding progress has been made on the budget in a short time span; concern about revenue increase for the Council requested five percent reduction; use budget overruns as the new baseline; the interfund loan for legal fees; interest paid on interfund loans; have not budgeted for future legal fees; get timely monthly budget reports. Council suggested reviewing the past year from July 1 st to June 30 th as a guide for the current budget; make seasonal adjustments to the budget. Tape 1, #3043 - Councilmember Lynn made the motion to approve the budget with the adjustment to the five percent reserve in the amount of $20,852, and to include the increase of $186,000 in revenues in Fund 435. Councilmember Creighton seconded the motion. The motion passed with six yes votes and one no vote by Councilmember Farra. New Council Business: Resolution No.645: 2010 Interfund Loan A Resolution of the City Council of the City of Ocean Shores, Washington, authorizing fiscal 2010 interfund loan to the Storm Utility Fund. Mike Folkers read the resolution by title. Extended the repayment period to eight years and increased the amount of the interfund loan to $715,706.00 for Banks lawsuit legal costs and fresh waterways weed management. Council commented that the interfund loan is necessary so the storm drain fund does not end the year with a negative balance; available grants for invasive weeds in the fresh waterway; the City is responsible for native weed growth. There was public comment regarding total legal fees for the storm drain lawsuit; if the lawsuit legal fees are being tracked; and the City should challenge the legal fees. Mayor French commented the lawsuit has cost approximately one million dollars. Tape 2, #232 - Councilmember Creighton made the motion to approve the Resolution as presented. Councilmember Skewis seconded the motion. The motion passed with six yes votes and one no vote by Councilmember Farra. 12.20.2010 Regular Meeting Page 3 of 4 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 35 of 39
REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 20, 2010 Future Agenda Items: Council discussion for future agendas items. Hold a study session with City of Hoquiam regarding Mayor and Council roles Review allocation methods Mayor French requested Council permission to cancel the January 3, 2011 regular City Council meeting; and requested to hold the next regular City Council meeting on Wednesday, January 19, 2011. Executive Session: None. Adjourn: Mayor French adjourned the Regular City Council meeting at 7:41 p.m. Signed: Attest: Garland E. French, Mayor Diane J. Foss, CMC City Clerk 12.20.2010 Regular Meeting Page 4 of 4 5. Approval of minutes for the Regular City Council Meeting on February 22, 2011 and Regular City Council on December 20, Page 36 of 39
City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 7, 2011 SUBJECT: Changing City Council meetings to the 2 nd and 4 th Monday of each month CATEGORY: CONSENT AGENDA XXX ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION XXX NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Proposed Ordinance SUMMARY/BACKGROUND: In September of 2010, the City Council changed its meetings to the 1 st and 3 rd Monday of each month. The City Council has determined that it wishes to return to previous schedule of the 2 nd and 4 th Monday of each month. EXPENDITURE AMOUNT: -0- AMOUNT BUDGETED: -0- BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Staff concurs with this proposed change. MAYOR'S RECOMMENDATION: Mayor concurs with this proposed change. PRESENTED BY: Art Blauvelt, City Attorney (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 7. An Ordinance of the City Council of the City of Ocean Shores, Washington, amending the City Council meeting time and date, Page 37 of 39
CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING THE CITY COUNCIL MEETING TIME AND DATE, AMENDING SECTION 2.12.010 OF THE OCEAN SHORES MUNICIPAL CODE, AND REPEALING ORDINANCE N0. 884 WHEREAS, the City Council of the City of Ocean Shores has determined that 6:00 p.m. is the appropriate time to hold City Council meetings; and WHEREAS, the City Council has also determined that the Ocean Shores Convention Center is the appropriate place to hold meetings because of size and location convenience; and WHEREAS, the second and fourth Monday of each month has historically been the meeting day of the City Council and the City Council wishes to return to that schedule. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 884 as codified at section 2.12.010 of the Ocean Shores Municipal Code is hereby amended to read as follows: 2.12.010 Meeting time and place. The regular meeting of the City Council shall be held on the second and fourth Mondays of each month at six p.m. in the Ocean Shores Convention Center, unless another time and place of meeting is specially designated; provided, however, should any regular council meeting fall on any legal holiday then the meeting shall be held at the same time and place on the next regular business day. Section 2. Effective Date. This Ordinance shall take effect thirty (30) days from and after its passage, approval, and publication as required by law, whichever occurs latest. Page 1 of 2 Ordinance No. 7. An Ordinance of the City Council of the City of Ocean Shores, Washington, amending the City Council meeting time and date, Page 38 of 39
THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores at a regular open public meeting on this 7 th day of March 2011. ATTEST: Garland E. French, Mayor Diane J. Foss, CMC, City Clerk REVIEWED AND APPROVED BY: Arthur A. Blauvelt III, City Attorney Page 2 of 2 Ordinance No. 7. An Ordinance of the City Council of the City of Ocean Shores, Washington, amending the City Council meeting time and date, Page 39 of 39