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08/09/2022 - Regular - MinutesDocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC City of Port Orchard Council Meeting Minutes Regular Meeting of August 9, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-tem Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Absent Councilmember Diener Present Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Interim Public Works Director Hammer, Assistant Finance Director Zick, Police Chief M. Brown, Community Development Director Bond, HR Manager Lund, Operations Manager Lang, Utilities Manager J. Brown, City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd. Attending via Zoom: Utilities Manager J. Brown The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:30 Part 1) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 00:52 Part 1) MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to add to the Consent Agenda the excusal of Councilmember Cucciardi from tonight's meeting due to business reasons. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as modified. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Minutes of August 9, 2022 Paee 2 of 8 The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 02:08 Part 1) There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 02:47 Part 1) A. Approval of Voucher Nos. 84467 through 84500 and 84508 through 84558 including bank drafts in the amount of $766,342.58 and EFTs in the amount of $456,504.52 totaling $1,222,847.10. B. Approval of Payroll Check Nos. 84501 through 84507 including bank drafts and EFTs in the amount of $223,226.27 and Direct Deposits in the amount of $205,946.93 totaling $429,173.20. C. Approval of a Grant from Kitsap Bank for the Festival of Chimes and Lights Event D. Adoption of a Resolution Declaring Certain Items as Surplus and Authorizing its Disposition Thereof (Resolution No. 079-22) E. Approval of the July 19, 2022, City Council Work Study Session Meeting Minutes F. NEW: Excusal of Councilmember Cucciardi from Tonight's Meeting Due to Business Reasons MOTION: By Councilmember Clauson, seconded by Council member Trenary, to approve the consent agenda. The motion carried. S. PRESENTATION A. Introduction to the 2022/2023 Fathoms O' Fun Royalty Court (Time Stamp: 03:12 Part 1) Helen Jensen introduced the Royal Court and briefly spoke of 2022 Fathoms O' Fun events and bringing in new contestants for the court. B. Community Center (Time Stamp: 08:08 Part 1) Team members with Rice Fergus Miller and landscape architects with KPG, provided a presentation which included the overall design, site plan, landscape architecture and urban design concepts, kids play area, teen area, portals, filtered light, framed views, outside views of events center, Bay Street lighting, and next steps. C. Water Rate Update (Time Stamp 53:52 Part 1) Assistant Finance Director Zick provided a presentation which included utility rate discussions in 2022, what has been previously discussed, water rate structures for residential meters and non- residential % meters, meter differential pricing, water rate impact scenarios (illustrative only) for residential and non-residential, overall results and recommendations, and staff recommendations. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Minutes of August 9, 2022 PaRe3of8 6. PUBLIC HEARING There were no public hearings. 7. EXECUTIVE SESSION (Time Stamp 1:24:13 Part 1) At 7:55 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to RCW 42.30.110(1)(i) regarding potential litigation. City Attorney Archer and Police Chief Brown were invited to attend, and City Attorney Archer announced action will follow. At 8:10 p.m., Mayor Putaansuu reconvened the meeting back into session. 8. BUSINESS ITEMS A. Adoption of an Ordinance Amending POMC Sections 2.16.030 and 10.12.010 and Chapter 10.04, Pertaining to Parking Enforcement (Time Stamp 00:14 Part 2) MOTION: By Councilmember Clauson, second by Councilmember Diener, to adopt an ordinance amending Chapter 10.04, and Sections 2.16.030 and 10.12.010 of the Port Orchard Municipal Code, pertaining to parking enforcement. The motion carried. (Ordinance No. 033-22) B. Adoption of an Ordinance Authorizing Positions of Public Works Director and Information Technology Manager and Setting Salary for Public Works Director (Time Stamp: 02:51 Part 2) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt an ordinance authorizing the creation of two new positions, Public Works Director, and Information Technology Manager, establishing general qualifications and duties for these positions, and setting the salary range for the position of Public Works Director. The motion carried. (Ordinance No. 034-22) C. Adoption of Ordinance No. 032-22, Amending POMC Chapter 2.75 Modifying Occupancy Limits for the Active Club Building (Time Stamp: 08:50 Part 2) MOTION: By Councilmember Lucarelli, seconded by Councilmember Trenary, to adopt Ordinance No. 032-22, amending POMC Chapter 2.75.010 regarding maximum occupancy limits for Room 1 and Room 2 of the Activity Club Building. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Minutes of August 9, 2022 Page 4 of 8 The motion carried. D. Adoption of a Resolution Adopting Updated Right of Way Acquisition Procedures (Time Stamp 13:18 Part 2) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a resolution adopting updated Right -of -Way Acquisition Procedures. Councilmember Chang explained he works for the Department of Transportation and would recuse himself if anyone had concerns. No one voiced any concerns. The motion carried. (Resolution No. 080-22) E. Adoption of a Resolution Approving a Contract with Shea Carr & Jewell, Inc. dba SCJ Alliance for the Bethel Phase 1-Intersection Improvement Project (Time Stamp 15:15 Part 2) MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to adopt Resolution No. 063-22, authorizing the Mayor to execute Contract No. C083-22 with Shea Carr & Jewell, Inc. dba SCJ Alliance for the Bethel Phase 1- Intersection Project in an amount of $624,292.45. The motion carried. F. Adoption of a Resolution Approving a Contract with K&K Construction, LLC for the DCD Building Repairs South Face Project (Time Stamp 20:16 Part 2) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt Resolution No. 067-22, authorizing the Mayor to execute Contract No. C091-22 with K & K Construction LLC for the DCD Building Repairs South Face Project in the amount of $23,680.02. The motion carried. G. Adoption of a Resolution Approving an Application for Grant Funding from the State Recreation and Conservation Office for Culvert Removal Projects (Time Stamp 24:12 Part 2) MOTION: By Councilmember Lucarelli, seconded by Councilmember Trenary, to adopt a resolution authorizing the Mayor to execute all documentation necessary to apply for and effectuate a grant from RCO to fund 100% design of the culvert replacement for the Bay Street/Annapolis Creek culvert repair, and to commit to a grant match of 15% from the City. The motion carried. (Resolution No. 081-22) DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Minutes of August 9, 2022 PaRe5of8 H. Adoption of a Resolution Approving a Contract with Excel Business Systems, Inc. for the Maintenance of the Public Words Admin. Copier (Time Stamp 29:14 Part 2) At 8:42 p.m., Councilmember Trenary recused himself from the meeting. MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to adopt a resolution and authorize the Mayor to execute a 1-year maintenance agreement with the Excel Business Systems, Inc. for the Public Works Admin copier, as presented. The motion carried. (Resolution No. 082-22 and Contract No. 102-22) At 8:45 p.m., Councilmember Trenary returned to the meeting. I. Adoption of a Resolution Approving a Contract with KCI Technologies, Inc. for Asset Management Strategic Planning (Time Stamp 32:25 Part 2) MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt Resolution No. 077-22, authorizing the Mayor to execute Contract No. C079-22 with KCI Technologies, Inc. for the Asset Management Program Strategic Planning Project in an amount not to exceed $99,932.80. The motion carried. J. Adoption of a Resolution Authorizing the Rental of Two (2) Portable Bypass Pumps for Eldon Trails Lift Station from Sunbelt Rentals, Inc. (Time Stamp 39:15 Part 2) MOTION: By Councilmember Trenary, seconded by Councilmember Chang, to adopt a resolution authorizing the Mayor or designee to execute all documentation necessary to rent two (2) portable bypass pumps from Sunbelt Rentals, Inc. for a total rental price of $8,334.32 (applicable tax included). The motion carried. (Resolution No. 076-22 and Purchase Order No. 044-22) K. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants for the Voluntary Reversion of an Employee to Sergeant Rank (Time Stamp 43:25 Part 2) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to the voluntary reversion of Donna Main to the rank of Sergeant. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Minutes of August 9, 2022 PaRe6of8 The motion carried. (MOU No. No. 2 to Contract No. 087-22) L. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants for Wages and Benefits for Sergeant Assignment to Detective Unit (Time Stamp 45:55 Part 2) MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to wages and benefits for a Sergeant assigned to Detectives. The motion carried. (MOU No. 1 to Contract No. 087-22) NEW MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to extend the meeting an additional 10-minutes. The motion carried. M. Approval of an Agreement with Teamsters Local 589 Representing Public Works Employees Regarding Calculation of Overtime (Time Stamp 48:18 Part 2) MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to authorize the Mayor to sign an Agreement with Teamsters Local No. 589 representing Public Works Employees regarding calculation of overtime. The motion carried. (Agreement No. 106-22) N. Approval of Participation in Settlement of Opioid Litigation State of Washington v. McKeeson Corp., Cardinal Health, Inc., and Amerisource Bergen Drug Corp., King County Cause No. 19-2- 0975-9 SEA (Time Stamp 49:57 Part 2) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to authorize the City's participation in the Distributors Washington Settlement in the matter of State of Washington v. McKeeson Corp., et al., and authorize the Mayor to execute the Participation Form and all documents necessary to effectuate the settlement. The motion carried. O. Approval of the July 26, 2022, City Council Meeting Minutes (Time Stamp 53:47 Part 2) MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the Council meeting minutes as presented. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Minutes of August 9, 2022 Paee 7 of 8 The motion carried. Councilmember Diener abstained. 9. DISCUSSION ITEMS (No Action to be Taken) A. 1/101" Ordinance Transportation Benefit District (Time Stamp 54:34 Part 2) Mayor Putaansuu explained staff drafted an ordinance that Council may take action on in September. Bethel Phase 1 information has been added to the City's website with an icon on the main page to direct users to the page. A press release and social media posts will be sent out shortly regarding the 1/10t" measure. Additional discussion was held regarding grants and jurisdictions. 10. CITIZEN COMMENTS (Time Stamp: 57:49 Part 2) There were no citizen comments. City Attorney Archer explained the meeting does not need to be extended until 9:30pm per the Port Orchard Municipal Code. 11. REPORTS OF COUNCIL COMMITTEES Reports of Council Committees was not held. 12. REPORT OF MAYOR Report of the Mayor was not held. 13. REPORT OF DEPARTMENT HEADS (Time Stamp 58:37 Part 2) Interim Public Works Director/City Engineer Hammer reported on capital projects which included the Bethel Lincoln Roundabout and the Lippert Road and Sidewalk Repair. Operations Manger Lang reported on operations which included leak detection, thermoplastic and striping, paving, crack sealing, and Bay Street seawall. Police Chief Brown reported The Cruz event is this weekend and he will be in the dunk tank at 10:00am. 14. GOOD OF THE ORDER (Time Stamp 1:04:30 Part 2) There was no good of the order. DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Minutes of August 9, 2022 Palle 8 of 8 15. EXECUTIVE SESSION Was held earlier in the meeting. 16. ADJOURNMENT The meeting adjourned at 9:17pm. No other action was taken. Audio/Visual was successful. FDocuSigned by: DocuSigned by: ... EBBB5BBEi=iE ... Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor