03/28/2023 - Regular - MinutesDocuSign Envelope ID: DF2E1910-FAD1-43C7-8399-272365F8A667
City of Port Orchard
Council Meeting Minutes
Regular Meeting of March 28, 2023
1. CALL TO ORDER AND ROLL CALL
Mayor Pro-Tem Trenary called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Trenary
Present
Councilmember Chang
Present
Councilmember Clauson
Present
Councilmember Cucciardi
Present
Councilmember Diener
Absent
Councilmember Lucarelli
Present
Councilmember Rosapepe
Present
Mayor Putaansuu
Absent
Staff present: Public Works Director Lang, Community Development Director Bond, HR Manager
Lund, City Attorney Archer, and City Clerk Wallace.
The meeting was streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE (Time Stamp 00:31)
Mayor Pro-Tem Trenary led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA (Time Stamp: 00:59)
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to add to the consent
agenda the excusal of Councilmember Diener due to personal reasons.
The motion carried.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve the
agenda as amended.
The motion carried.
3. CITIZENS COMMENTS (Time Stamp: 02:03)
There were no citizen comments.
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4. CONSENT AGENDA (Time Stamp: 02:40)
A. Approval of Voucher Nos. 85729 through 85766 including bank drafts in the amount of
$140,872.62 and EFT's in the amount of $612,781.70 totaling $753,654.32.
B. Approval of Payroll Check Nos. 85721 through 85728 including bank drafts and EFT's in the
amount of $232,261.66 and Direct Deposits in the amount of $226,767.96 totaling $459,029.62.
C. Adoption of a Resolution Approving the Purchase of a Valve Maintenance Trailer for the
Equipment Rental & Revolving Fund 500 (Resolution No. 009-23)
D. Excusal of Councilmember Diener Due to Personal Reasons
MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to approve the
consent agenda as amended.
The motion carried.
5. PRESENTATION (Time Stamp 03:06)
A. Fathoms O' Fun 2023 Royalty Court Introduction
Fathoms O' Fun Royalty Director Helene Jensen introduced the 2023 Royalty Court and Sharron King
spoke to upcoming events.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 9.60, Pertaining to
Camping on Public Property and Associated Procedures (Time Stamp 14:07)
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an
Ordinance amending POMC Chapter 9.60 and acknowledging procedures to implement these
amendments and existing regulations pertaining to unlawful conduct on public property.
The motion carried.
(Ordinance No. 004-23)
B. Adoption of a Resolution Accepting Sanitary Sewer Project #6-5C, the North Sidney Station,
Documenting Certified Constructions Costs, and Establishing the Maximum General Facility
Fee Credits Granted Pursuant to Contract C063-21 (Time Stamp: 21:39)
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MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt a
resolution, accepting the dedication of a North Sidney Lift Station know as CIP #Project 6-5C, and
authorizing the Mayor to execute related documents.
The motion carried.
(Resolution No. 027-23)
C. Adoption of a Resolution Accepting Transportation Improvement Program Project #2.5C,
Documenting Certified Constructions Costs, and Establishing the Maximum Transportation
Impact Fee Credits Pursuant to Contract C076-21, and Accepting a Deed for right of Way (Time
Stamp 25:55)
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt a resolution,
accepting the dedication of a portion of the Sidney Road Widening Project, TIP Project 2.05, and
authorizing the Mayor to execute related documents.
The motion carried.
(Resolution No. 028-23)
D. Adoption of a Resolution Adopting Hiring Personnel Policies Related to the City's Practices
(Time Stamp 30:00)
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt a
resolution, amending personnel policies related to promotions, demotions, employee transfers,
position reclassifications, pay range adjustments and temporary assignments as presented.
The motion carried.
(Resolution No. 029-23)
E. Adoption of a Resolution Approving a Contract with KR Homes, LLC for the Sroufe Water Main
Replacement Project (Time Stamp 33:59)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt a
resolution, Resolution No. 004-23, thereby approving Contract No. C125-22 with KR Homes, LLC
for the Sroufe Water Main Replacement Project in the amount of $317,542.68.
The motion carried.
F. Adoption of a Resolution Authorizing the Payment of Reestablishment and Relocation Benefits
for Venture Charters, Inc., for the Bay Street Pedestrian Pathway Project (Time Stamp 40:16)
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MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt a resolution,
authorizing the payment of $2,670.50 for eligible relocation benefits and up to $50,000 for
eligible reestablishment benefits for Venture Charters, LLC.
The motion carried.
(Resolution No. 030-23)
G. New National Opioids Settlements (Teva, Allergen, CVS, Walgreens, and Walmart) Regarding
In Re:National Prescription Opiate Litigation, Case No. 1:17-MD-2804, United States District
Court (Time Stamp 52:25)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to authorize the
Mayor to Execute the Participation Forms and Allocation Agreement for settlement of claims with
Teva, Allergan, CVS. Walgreens and Walmart in the National Prescription Opioid Litigation, and to
ratify all actions taken prior to this motion consistent with this authorization.
EXECUTIVE SESSION
At 7:28 p.m., Mayor Pro-Tem Trenary recessed the meeting for a 10-minute executive session
pursuant to RCW 42.30.110(1)(i) to discuss active litigation the City is currently engaged in. City
Attorney Archer was invited to attend, and City Attorney Archer noted action will follow.
At 7:38 p.m., Mayor Pro-Tem Trenary reconvened the meeting back into session.
The motion carried.
H. Approval to Accept a Special Event Application and Approval of Road Closure for a Special
Event: The Unforgotten - Run to Tahoma (Time Stamp 59:33)
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the
Unforgotten: Run to Tahoma application, an event being held on May 27, 2023, to be accepted and
processed by staff waiving POMC 5.94.030(4) requirement and to approve the road closure upon all
safety and traffic controls are in place. Additionally, this is to be approved with the approval of the
police chief and public works director.
Councilmembers voiced their concerns with the application being brought before Council for
approval before all the requirements have been met.
Councilmembers Clauson and Lucarelli withdrew their motion.
NEW MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize
the acceptance of the application and waive the time limit.
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The motion carried.
8. DISCUSSION ITEMS (No Action to be Taken)
A. 2022 Annual Impact Fee Report (Time Stamp 1:12:21)
Community Development Director Bond explained our municipal code requires an annual report on
impact fee collection and reported on park and transportation impact fees. The City is waiting on the
school to provide the report on school impact fees.
9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:16:00)
Mayor Pro-Tem Trenary reported the Economic Development and Tourism Committee is scheduled
to meet April 17tn. The Finance Committee is scheduled to meet April 181n. The Transportation
Committee is scheduled to meet April 25tn. The Festival of Chimes and Lights Committee is scheduled
to meet April 17tn. The Land Use Committee is scheduled to meet March 29tn. The Council Retreat is
April 14tn
Councilmember Lucarelli reported on the March 28tn Utilities Committee meeting. The next meeting
is scheduled for June 13tn
10. REPORT OF MAYOR (Time Stamp 1:18:32)
There was no report of the Mayor.
11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:18:47)
Public Works Director Lang reported on water quality reports, spring clean-up, and water main
flushing.
HR Manager Lund reported on the Inclusion Commission.
City Attorney Archer reported on the pursuit legislation and the middle housing engrossed second
substitute house bill.
12. CITIZEN COMMENTS (Time Stamp 1:22:04)
There were no citizen comments.
13. EXECUTIVE SESSION
Held earlier.
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14. GOOD OF THE ORDER (Time Stamp 1:22:23)
Councilmember Clauson reported on the upcoming Energy Summit.
In response to Councilmember Rosapepe, Councilmember Clauson said Kitsap Transit is not affected
by new legislation to have ferries built outside of Washington State.
15. ADJOURNMENT
The meeting adjourned at 8:04 p.m. No other action was taken. Audio/Visual was successful.
DocuSigned by: DocuSigned by:
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Brandy Wallace, MMC, City Clerk Mark Trenary, Mayor Pro-Tem