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12/13/2022 - Regular - MinutesDocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C City of Port Orchard Council Meeting Minutes Regular Meeting of December 13, 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 Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present Present Present Absent Present via Zoom Present Present Present Staff present: Public Works Director Lang, Community Development Director Bond, HR Manager Lund, City Attorney Archer, and Deputy City Clerk Floyd. Staff present via remote access: Police Chief Brown and City Clerk Wallace. The meeting streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:37) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 00:58) MOTION: By Councilmember Trenary, seconded by Councilmember Rosapepe, to excuse Councilmember Cucciardi due to business reasons. The motion carried. MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to approve the agenda as modified. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 03:09) DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C Minutes of December 13, 2022 Page 2 of 7 There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 03:45) A. Approval of Voucher Nos. 85141 through 85190 and 85198 through 85244 including bank drafts in the amount of $1,328,988.56 and EFT's in the amount of $362,445.05 totaling $1,691,433.51. B. Approval of Payroll Check Nos. 85134 through 85140 and 85191 through 85197 including bank drafts and EFT's in the amount of $476,607.91 and Direct Deposits in the amount of $452,296.92 totaling $928,94.83. C. Adoption of a Resolution Approving the WA State Department of Commerce GMA Periodic Update Grant-FY 2023 Interagency Agreement (Resolution No. 120-22 and Contract No. 134-22) D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Resolution No. 121-22) E. Approval of Amendment No. 2 to Agreement No. 002-21 with AtWork! Commercial Enterprises, LLC for 2021 for Tremont Landscaping Maintenance F. Approval of Amendment No. 2 to Agreement No. 007-21 with AtWork! Commercial Enterprises, LLC for 2021 Various Areas Landscaping Maintenance G. Adoption of a Resolution Approving Amendment No. 1 to Contract No. 094-20 with Grette Associates for Third -Party Critical Areas Review (Resolution No. 122-22) H. Approval of a Contract with Kitsap Council Prosecuting Attorney for Prosecution of Municipal Criminal Complaints and Civil Infractions (Contract No. 004-23) I. Adoption of a Resolution Amending Resolution No. 111-22 for Purchase of Vacant Property on Sherman Ave for Stormwater Facilities and Grant of a Drainage Easement (Resolution No. 123- 22) J. Approval of Amendment No. 2 to Contract No. 001-22 with CONSOR North America, Inc. for 2022 On-Call/Modeling Services for the City's Water Systems K. Approval of Amendment No. 1 to Contract No. 003-22 with CONSOR North America, Inc. for 2022 On- Call/Modeling Update Services for the City's Sewer Systems L. Approval to Accept Ballard Marine Construction and Newalen, LLC services to Acquire for Derelict Vessel Removal and Acceptance of Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program (Purchase Order No. 076-22) M. Approval a Contract with Washington State Parks and Recreation Commission Subrecipient Grant Agreement for a Federal Financial Assistance Grant (Contract No. 130-22) N. Approval of Amendment No. 5 to Contract No. 002-18 with Kitsap County for Incarceration of City Prisoners O. Approval of a Purchase with CDW-G for Microsoft Product Licenses (Purchase Order No. 074-22) P. New: Excusal of Councilmember Cucciardi Due to Business Reasons MOTION: By Councilmember Clauson, seconded by Council member Trenary, to approve the Consent Agenda as amended. The motion carried. S. PRESENTATION (Time Stamp 04:23) DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C Minutes of December 13, 2022 Paee 3 of 7 A. Community Event Center Shoreline Restoration Concepts Mayor Putaansuu explained the differences that were presented before, in that the deck has gotten 10 feet longer and we determined that we have enough mitigation to do this. Additionally, they better refined the trail that goes down to the water. There will be a rail between the trail and the deck, similarto what is on the pedestrian pathway nearthe bridge. We also have a grant that requires us to have a glass feature on the deck. The cost to demolish the existing seawall is now estimated at half a million dollars. Brief discussions were held regarding cost estimates, decks, and trail. 6. PUBLIC HEARING There were no public hearings. 7. EXECUTIVE SESSION (Time Stamp: 10:29) At 6:41 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss actual and potential litigation. City Attorney Archer, and Community Development Director Bond were invited to attend, and City Attorney Archer noted action will follow. At 6:56 p.m., Mayor Putaansuu reconvened the meeting back into session. 8. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code 5.84 Concerning Utility Taxes (Time Stamp 12:02) MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to approve an ordinance amending POMC 5.84 concerning utility taxes as presented. The motion carried. (Ordinance No. 051-22) B. Adoption of an Ordinance Adopting Annual Housekeeping Amendments under Port Orchard Municipal Code Titles 5, 10, and 20 (Time Stamp: 15:46) MOTION: By Councilmember Chang, seconded by Councilmember Trenary, to adopt an ordinance amending in Port Orchard Municipal Code to Titles 5, 10, and 20 for housekeeping purposes, as presented. DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C Minutes of December 13, 2022 Page 4 of 7 The motion carried. (Ordinance No. 052-22) C. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 20.132 Creating New Code Language to Allow Subdivision Entry Signage (Time Stamp 19:16) MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt an ordinance amending Port Orchard Municipal Code 20.132, as presented. The motion carried. (Ordinance No. 050-22) D. Adoption of a Resolution Granting Final Plat Approval for Stetson Heights Phase 3 (Time Stamp 21:23) MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli, to adopt a resolution, as presented, granting final plat approval for Stetson Heights Phase 3 and authorize the Mayor to execute the draft Utility Easement for the Water Booster Pump Station. The motion carried. (Resolution No. 125-22) E. Adoption of a Resolution Approving the Comprehensive Plan Periodic Update Public Participation Program (Time Stamp 26:58) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt a Resolution, adopting the 2024 Comprehensive Plan Update Public Participation Program, as presented. The motion carried. (Resolution No. 126-22) F. Approval of an Agreement with the Police Guild Representing Patrol Officers Regarding Recruitment Incentives for New Certified and Lateral Police Officers (Time Stamp 29:42) MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing the Patrol Officer Employees regarding recruitment incentives for Certified and Lateral Peace Officers. The motion carried. (MOU No. 4 to Contract No. 086-22) DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C Minutes of December 13, 2022 PaRe5of7 G. Approval of Amendment No. 8 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the Design Development and Construction Drawings of the Port Orchard CEC-LEED Feasibility (Time Stamp 36:57) MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to authorize the Mayor to execute Amendment No. 8 to Contract No. C066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an amount of $16,500. The motion carried. H. Approval of the November 8, 2022, City Council Meeting Minutes (Time Stamp 44:31) MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to approve the minutes of the November 8th City Council meeting. The motion carried. Councilmember Lucarelli abstained. I. Approval of the November 15, 2022, City Council Work Study Session Meeting Minutes (Time Stamp: 45:09) MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to approve the November 15th City Council Work Study Session meeting minutes. The motion carried. Councilmembers Diener and Trenary abstained. J. Approval of the November 22, 2022, City Council Meeting Minutes (Time Stamp: 45:51) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the November 22, 2022, City Council meeting minutes. The motion carried. Councilmember Trenary abstained 9. DISCUSSION ITEMS (No Action to be Taken) A. Community Event Center Shoreline Design (Time Stamp 46:23) This item was discussed earlier under Presentations. 10. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 46:29) Mayor Putaansuu reported the Finance Committee is scheduled to meet January 17th. The Transportation Committee is scheduled to meet January 24th. The Lodging Tax Advisory Committee DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C Minutes of December 13, 2022 Palle 6 of 7 is scheduled to meet in February. He also reported on the Kitsap Public Health District and Kitsap Transit. Councilmember Lucarelli and Mayor Putaansuu reported on the Festival of Chimes and Lights event. 11. REPORT OF MAYOR (Time Stamp: 50:14) The Mayor reported on the following: • Public works grants which include a complete overlay of old Clifton Rd, study and design for Tremont St, and pedestrian approvements along Sidney Rd; • Suspending vendor use of the gravel lot at 640 Bay St and using the space for construction lay down; • Update on the Mayor's Exchange; • Legislative agendas; • AWC [Association of Washington Cities] Executive Board; • In compliance with Resolution 007-11 'Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures', he reported on updates to the Development Director, Mechanic, Police Chief, Electrician, and Public Works Operations Manager job descriptions; and • Read a portion of the minutes from 1927, 1947 and 1972. 12. REPORT OF DEPARTMENT HEADS (Time Stamp 1:02:03) Public Works Director Lang thanked public works staff for their work and effort over the last few weeks. Community Development Director Bond reported on 2023 meeting schedules for the Land Use and Economic Development and Tourism Committee meetings, ribbon cutting for Haven Townhomes, and upcoming comprehensive plan update open house. City attorney Archer reported she will bring the salary commission conversation back to Council in January and next week she will bring forward the recent litigation memorandum on homelessness issues. Police Chief Brown reported on the upcoming blanket and coat drive and spoke to good efforts made by police officers. 13. CITIZEN COMMENTS (Time Stamp 1:09:58) There were no citizen comments. 14. EXECUTIVE SESSION DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C Minutes of December 13, 2022 Page 7 of 7 The executive session was held earlier. 15. GOOD OF THE ORDER (Time Stamp 1:10:16) Councilmember Clauson reported on the Governor's Committee on Disability Issues & Employment Leadership Action Planning meeting that he attended virtually where some discussion was held regarding accessibility to the pathway. 16. ADJOURNMENT The meeting adjourned at 7:59 p.m. No other action was taken. Audio/Visual was successful. DocuSigned by: Ele5r—�, (mm, 17A R('AZC'1R"46" Brandy Wallace, MMC, City Clerk DocuSigned by: jean �u�-aa�,sttiu. Robert Putaansuu, Mayor ,,S`�Illlltllllffrlj/� o wti• � _ • ALA Q. �.(PCR rrfrrrrnnnt ��a