Council present: Councilmembers Patrick, Berry, Creighton, Crumpacker, Johnson, Skewis and French. Councilmember Johnson led the FI<ig Salute.

Transcription

1 Call to Order: Mayor Bunkers called the Regular City Council Meeting to order at 6:00 PM, at the Ocean Shores Convention Center. The meeting was audio and video taped. Council present: Councilmembers Patrick, Berry, Creighton, Crumpacker, Johnson, Skewis and French. City Staff present: Mayor Bunkers, City Attorney Art Blauvelt, Finance Director George Rogers, Police Chief Mike Styner, Fire Chief Jim Hodges, Public Works Director Ken Lanfear, City Planner Alicia Bridges, and City Clerk Diane Foss. Roll Call: The City Clerk called the Roll and all Councilmernbers were present. Flag Salute: Councilmember Johnson led the FI<ig Salute. Meeting Agenda Approval: Approval of Meeting Agenda. Tape 1, #88 - Councilmember Johnson made the motion to approve the meeting agenda and move agenda item number 7, Appeal Hearing, before the Ceremonies and Proclamations. Councilmember Crumpacker seconded the motion. Appeal Hearing: LlO-2007 Bid Appeal An Appeal Hearing reviewing the decision of the Protest Review Committee regarding the LID 2007 Street Repair Project Bid #07PW on June 5, Mayor Bunkers recessed the Regular City Council meeting at 6:04 PM to convene into the Public Hearing in the Appeal of the Protest Review Committee decision regarding Pavement Improvement Project LID , Contract The Appellant, West Pave, Inc., was confirmed present along with "other parties of record." City attorney Art Blauvelt explained the OSMC which grants the right to appeal a decision made by the Protest Review Committee. The basis for the appeal is to file an appeal with the city clerk no later than seven calendar days after the date of the finance director's written decision. Mr. Blauvelt stated the documents to be recorded.as filed: Exhibit #1 - appeal from West Pave o Exhibit A - June 5, 2008 decision letter of the Protest Review Committee Exhibit #2 - bid protest Exhibit # 3 - a supplemental bid protest Exhibit #4 - response to Appeal by West Pave Exhibit #5 - page 5 of 5 of bid documents Exhibit #6 - copy of excerpt of OSMC (D) Art Blauvelt asked Council whether or not they would permit oral presentation by the Appellant and the Protestor. Page 1 of 9

2 Appeal Hearing LlD-2007 Bid Appeal Tape 1, #275 - Councilmember Patrick made the motion to not permit oral testimony by the appellant, protestor and city staff and that as a friendly amendment questions could be asked. Councilmember Johnson seconded the motion. Art Blauvelt explained that the council's decision would be made solely upon the exhibits which had been admitted into evidence and that at the conclusion of the hearing council may: accept the decision, reverse the decision, or remand the matter to start the bid process over. Art Blauvelt asked each Council member the following appearance of fairness questions: 1. Do you have any financial interests in any of the participants in these proceedings; whether West Pave, Lakeside Industries, Granite Northwest d/b/a Wilder Construction? 2. Does each of you stand to gain or lose any financial benefit as a result of the outcomes of this hearing? 3. Do any of you have any relatives that are employed by any of the participants of these proceedings; West Pave, Lakeside Industries or Granite Norwest d/b/a Wilder Construction? 4. Have any of you engaged in any ex parte communications with either the proponents or opponents of this appeal? The proponent would not necessarily be the individual corporation or representatives of that corporation, if so I would ask you to place into the record the substance of any communication so that interested parties may have an opportunity at the hearing to rebut the communications, or if you desire you can recuse yourself based on ex parte communications that you are aware of? 6. Do any of the participants in these proceedings object to Ms. Berry recusing herself from these proceedings? 6. Can each of you hear and consider this appeal in a fair and objective manner? Their responses follow: Councilmember Patrick answered no, no, no, no, no, yes. Council member Crumpacker answered no, no, no, no, no, yes. Council member Berry answered no, no, no, yes recusing herself from the remainder of the Hearing. Councilmember Creighton answered no, no, no, no, no, yes. Councilmember Johnson answered no, no, no, no, no, yes. Councilmember Skewis answered I did eight years ago with my previous employer I did business with Granit which was Wilder Construction and also Lakeside, no, no, no, no, yes. Council member French answered no, no, no, no, no, yes. Art Blauvelt asked West Pave if they would like to challenge any of the council members on appearance of fairness grounds and if so to give a reason. West Pave did not challenge. Council member Johnson asked Mr. Lanfear how the five-year experience requirement in the bid document evolved. Mr. Lanfear responded that it is common to ask for a track record of completed work. Councilmember Johnson asked Mr. Blauvelt if the determination of a responsible bidder is left to Council's final Page 2 of 9

3 Appeal Hearing LlD-2007 Bid Appeal judgment. Mr. Blauvelt responded in the affirmative and that RCW authorizes including criteria beyond the standard requirements. Mr. Blauvelt offered council two choices; to deliberate in public forum or retire to an executive session for discussion. Councilmember Patrick suggested deliberation in the public forum. Councilmember French agreed. Councilmember Johnson asked West Pave, Inc. if a previous job of a major sum and similar nature had been accomplished and to identify the location of the company's batch plant. John Ramble, owner of West Pave, Inc. answered that West Pave has not completed a similar job but the organization has. He explained that the batch plant is portable and Port of Grays Hqrbor had been approached regarding leasing property for the plant. Council member French referenced the bid sheet and asked if requiring five years of experience is standard for this type of project. Mr. Lanfear answered that the requirement is consistent with other cities requirements. Councilmember Crumpacker asked Mr. Lanfear if, upon receipt of West Pave's bid, he was able to examine any factors that may have affected the decision. Mr. Lanfear responded that they were still in the process of reviewing documents when the protest was received. Councilmember Johnson asked Mr. Lanfear if the term 'contractor' referred to the company or the individual. Mr. Lanfear stated that DOT standard specifications refer to the company. West Pave is incorporated. Ben Cushman, attorney for Lakeside Industries, stated that West Pave was a subsidiary of Superior Paving while working in Vancouver and Camus, and that Superior Paving no longer exists. Mr. Blauvelt asked Mr. Ramble to identify the company for which West Pave was a subsidiary. Mr. Ramble replied that West Pave was a stand alone company at the time of inquiry. Councilmember Skewis voiced concern about West Pave's capital ability to handle this project. Mr. Blauvelt and Councilmember Skewis agreed that the bid protest's response was not responsive to the questions asked. West Pave's attorney commented that the city did not research if West Pave was q responsible bidder. Upon direction Mr. Lanfear responded that inquiries had been made and that other companies did the paving for West Pave's previous projects, there is no plant, and have only one paver. Mr. Blauvelt opened the floor for deliberations. Councilmember Patrick stated that West Pave was not the most responsive and responsible bidder and that Lakeside Industries was. Council member Crumpacker agreed with Page 3 of 9

4 Appeal Hearing LlD-2007 Bid Appeal Council member Patrick. There were no further comments. Mayor Bunkers closed the Appeal Hearing and reconvened into the Regular City Council meeting at 6:36 PM. Tape 1, # Councilmember Johnson made the motion to affirm the decision of the Protest Review Committee on June 5, 2008 regarding Pavement Improvement LID Contract Councilmember Patrick seconded the motion. The Motion passed with six votes yes and Councilmember Berry excused. Tape 1, # Councilmember Patrick made the motion to give the Mayor authority to sign the contract regarding the project LID Contract 08-2 with Lakeside Industries. Councilmember Skewis seconded the motion. The Motion passed with six votes yes and Councilmember Berry excused. Resolution No, 591: Affirming Protest A Resolution of the City Council of the City of Ocean Shores, Washington, affirming the decision of the Protest Review Committee dated June 5, 2008 regarding Pavement Improvement Project LID Contract Mr. Blauvelt read the resolution by title. Tape 1 # Councilmember Johnson made the motion to approve the Resolution. Councilmember Creighton seconded the motion. Mayor Bunkers recessed the Regular City Council meeting at 6:40 PM. Mayor Bunkers reconvened the Regular City Council meeting at 6:46 PM. Ceremonies and Proclamations: Public Communication: None. Tape 1, # CouncilmemberCrumpackermade the motion to approve the meeting agenda as amended to move the hearing. Councilmember Skewis seconded the motion. Edson Engle commented on changing the agenda order and on the pavement project. Friends of the Clinic and many representing commented on their processes and goals. The group aspires to own the medical building which could be rented to a medical doctor. Tom Hoy requested that a second emergency exit off Duck Lake be considered. George Brown commented that the speed limit on Pt. Brown may be too high. Page 4 of 9

5 Public Communication Donald Williams commented on beach vendors, if insurance is required of vendors, the fixed resources in the fireworks plan B, and evaluate 4th of July beach usage in order to reevaluate the plan for next year. Steve Bova praised Lakeside Industries for their work on Toleak Street. Announcements: Mayor Bunkers announced that there are three member vacancies and two alternates on the Building Code Board of Appeals, and one vacancy each on the Public Works Advisory Committee, and Park Board. Appointments: Mayor Bunkers re-appointed Mary Bachmann-Walker to the Park Board. Mayor's Report: Mayor Bunkers reported on the following: The excellent job done by Ernie Nelson for Flag Day A letter dated June 12, 2008 thanking Chief Hodges and other employees of the Ocean Shores Fire Department for excellent service The appointment of Councilmember French as liaison to the Planning Commission Board and the remainder of liaison appointments being announced at the July 14 Council rneeting A Special Session for the June 19, 2008 FAA grant deadline: after the Mayor's salary and residual for the FAA contract are taken out, the City's reserve fund will be slightly over $1,012,000 The importance of the airport during times of ernergency An Ordinance to go back to an annual budget is before Council The Finance Director has contacted three financial software companies to update the City's software KOSW 91.3 will have the latest updates regarding scheduled paving work Citizens were encouraged to contact the council with ideas for the advisory vote on the November ballot regarding the Weatherwax property o The ballot must be limited to seventy five words; the Auditor provided examples for the advisory ballot o Suggestions for the wording of the advisory ballot were discussed o Prepare a ballot Resolution for the July 14th meeting o The Resolution is due to the County Auditor on Aug ust 12th $ The Mayor's salary Ordinance did not include health benefits, the ordinance should be modified to include benefits To appear on KBKW regularly and on KOSW the morning following regular Council meetings Page 5 of 9

6 Council Reports: Councilmember Patrick reported that the Interpretive Center has applied for three grants which will include: a mural and ADA picnic table, Mattei toys for children, and Windermere Reality Project. Also, the next meeting for the August 2 nd fishing derby is July 2 nd IGA has agreed to work with Trout Unlimited to provide 300 trout for the event. Council member Berry reported that the Parks and Recreation program began today, everything is off to a great start, and the July 3 rd picnic will be held at North Bay Park. Councilmember French reported on the Planning Commission Meetings last week with regards to the Critical Areas Ordinance (CAO). About twenty people commented and letters were also presented. Tomorrow the Planning Commission will meet again at the Convention Center to have more discussion on the CAO. Other Reports: None. Staff Report: Revised Plan for July 4th Fire Staff Chief Styner and Chief Hodges reported on the upcoming Fourth of July plan. Chiefs Styner Hodges updated the community on the 4th of July plan. He reported on what items were cut, reduced, and kept from the original plan. There will be a zero tolerance policy for fireworks violations. Radio and TV interviews with Police have been scheduled, will announce repeated messages throughout the week, KOSW and DOT 530 AM fireworks safety flyers will be distributed to homes, hotels and local businesses; several signs and reader boards in town will provide safe fireworks messages; Chief Styner explained any safe and sane fireworks bought at a stand approved by the WSP and Fire Marshall's office may be discharged on the beach. Chief Hodges announced that the priority of the 4th of July plan is to ensure the safety of citizens and personnel, prevention of brush fires, and to enforce fireworks laws. The fire prevention plan will split the beach into North and South divisions, each having a staging area containing a division officer, staging officer, one brush engine, one 4x4 transport vehicle, two structural engines, one ladder tender and one bulldozer with truck and trailer. The four ambulances will be fully staffed and located at the fire station. There was Council discussion regarding staffing of the fire station. Appreciation of the Chief's work for the 4th of July plan was expressed. Beach Clean Up: Ken Lanfear presented: Additional dumpsters will be placed at every approach Garbage bags will not be passed out The Sheriff's jail work crew for July 5 th clean up has not responded; if no response ACT will be contacted and provided with vehicles to aide in clean up Page 6 of 9

7 Consent Agenda: Tape 1, #380 - Councilmember Crumpacker 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 # through # in the amount of $2,054, dated this 23 rd day of June, Approval of minutes from the regular City Council meeting on June 9, 2008 Old Council Business: Bid Award Quigg Bros. Airport Improvements Request City Council to award a contract to Quigg Bros. Inc. for the City's Airport runway and taxiway improvement project in the amount of $1,080, Ken Lanfear presented the award of the contract to Quigg Bros. Inc. for the Airport runway and taxiway improvement project. Mr. Lanfear addressed the number of aircraft operations at the airport annually and environmental documentation regarding the airport. Mr. Lanfear stated that two bids were received on May 28 th and that there were three different bids: the base bid, alternate 1, and alternate 2. The City has documents in hand from the Department of Fish and Wildlife for the right to trim trees near the airport. Mr. Lanfear recommended the award of the bid to Quigg Brothers. The bid is in the amount of $1,080, The grant from the FAA is a 95% grant and it is possible that another grant be received that could lower the City's participation to about 2%. There was public comment made.regarding: opposition to payment of taxes for an airport that citizens do not use, increase in traffic, and larger plane use. There was Council discussion regarding: the bids quickly put on the agenda; the City would owe the FAA millions of dollars if it sold the airport; and the airport at one time staged military personnel. Tape 2, #747 - Councilmember Creighton made the motion to approve the request as presented. Councilmember Johnson seconded the motion. Bid Award W&H Pacific Airport Improvements Request City Council to approve the agreement extension to W&H Pacific for the City's Airport runway and taxiway improvement project on the amount of $140,938. Ken Lanfear presented the request for the agreement extension of the airport improvement project in the amount $140,038, which will be funded by the FAA grant. He explained that the extension will aide in construction management and engineering oversight needed to meet the FAA's very specific standards. There was no public comment. There was no Council discussion. Page 7 of 9

8 Old Council Business W&H Airport Agreement New Council Business: Ordinance: 1st Reading: Annual Budget Tape 2, #790 - Councilmember Creighton made the motion to approve the request as presented. Councilmember Patrick seconded the motion. An Ordinance of the City Council of the City of Ocean Shores, Washington, repealing Ordinance No. 738 and Ocean Shore Municipal Code Chapter 3.02 Two-Year Fiscal Biennium Budget to revert to a fiscal year annual budget. George Rogers gave the first reading of the ordinance by title. Mr. Rogers explained that the new ordinance would eliminate the two year budget and revert back to an annual budget; taking effect on January 1, There was public comment regarding: the reason for the one year budget cycle and presentation of the City's future financial health. There was no council discussion. Resolution: Six-Year Transportation Improvement Program A Resolution of the City Council of the City of Ocean Shores, Washington, presenting a revised and extended Six-Year Transportation Improvement Program for the ensuing six calendar years. Ken Lanfear explained that the plan is an annual exercise for potential grant opportunities projects adopted by the City. There was public commented regarding: the lack of public transportation within the City limits of Ocean Shores and researching grant opportunities. There was Council discussion about a shuttle to local businesses in and outside of downtown, and placing a sign for dial-a-ride at the airport for visiting pilots. A Public Hearing was set for July 14. Replace Convention Center's Electronic Sign Request City Council authorization to replace the Convention Center's electronic sign from ADS LED Inc at a cost of $38,000. Ken Mercer requested Council approval for a new sign to replace the current sign. The new sign will use the current foundation, be virtually waterproof, withstand 120 mph winds, use only one color, and will cost $38,000 plus the charge for electrical installation. There was public comment regarding getting a cost for repairing the sign and the new sign should be easier to read. There was Council discussion about whether the sign was waterproof. Mr. Mercer responded that it was and comes with a five year warranty. Page 8 019

9 New Council Business Convention Center Sign Council asked if an extended warranty could be purchased. Mr. Mercer responded that he would research the possibility. Tape 2, # Councilmember Creighton made the motion to approve the request as presented. Councilmember Crumpacker seconded the motion. Agreement Horseback Riding Request City Council to approve a license agreement for the limited purpose of renting horses on the beach for recreational horseback riding. Art Blauvelt presented, for council approval, the agreement to allow a business to rent horses on the beach. The license agreement includes all provisions necessary for the City to protect itself from liability. Mr. Blauvelt requested Council approval of the license agreement. There was Council discussion regarding: license needing to be renewed yearly, the impact of issuing licenses only to certain vendors, clarification of the difference between an existing shop owners' pusiness license and the vending licenses, and a provision requiring eye protection for the horses. There was public comment regarding provisions for the welfare of the horses included in the agreement. Mayor Bunkers responded that he would research the specifics of the subject as to when reevaluation would take place. The Mayor requested Tawni Hickle address the question of sand in the horses' eyes. Ms. Hickle commented that during extreme weather she is not opposed to protective eyewear for her horses and addressed head protection and footwear for riders. Tape 2, # Councilmember Johnson made the motion to approve the license agreement. Councilmember Skewis seconded the motion. Executive Session: None. Adjourn: Mayor Bunkers adjourned the Regular City Council meeting at 8:34 PM. Signed: Attest: Page 9 of9