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09/10/2019 - Regular - MinutesCity of Port Orchard Council Meet ng Minutes Regular Meeting of September LO,zOLg 1. CALL TO ORDER AND ROLL CAIL 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 Ashby Councilmember Chang Councilmember Clauson Cou ncilmember Cucciardi Councilmember Diener Cou ncilmember Lucarelli Cou ncilmember Rosapepe Mayor Putaansuu Present Present Absent Present Absent Present Present Present Staff present: Public Works Director Dorsey, Finance Director Crocker, Code Enforcement Officer Price, City Attorney Cates, Police Chief Brown, City Clerk Rinearson, and Deputy City Clerk Floyd. A. PLEDGE OF ATLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to excuse Councilmember Diener for personal reasons and also excuse Councilmember Ashby for personal reasons. There is a good chance she will be here tonight, perhaps a little !ate. The motion carried. MOT ON: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to approve the agenda, as amended. The motion carried. 3. C TIZENS COMMENTS Eric Campbell, McCormick Communities, spoke to progress made with the City and the City of Bremerton on the water moratorium and agreement. He hopes this will come back within two weeks. Minutes of September LO,2OL9 Page 2 of 7 4. CONSENTAGENDA A. Approval ofVoucher Nos. 77440 thro ugh77538, and 77543 through776L3 including bankdrafts in the amount of S1,055.950.35 and Electronic Payments in the amount of 568,890.20 totaling s1,124.840.ss. B. Approval of Payroll Check Nos. 77429 through 77439, and 77539 through 77542, including bank drafts and EFT's in the amount of5414,660.80; and Direct Deposits in the amount of5376,966.52 totaling s791,627.32. C. Adoption of a Resolution Adopting the Final Plat of Plat of Sherman Ridge (Resolution No. 027- 1el D. Adoption of a Resolution Confirming Mayoral Appointment to the Lodging Tax Advisory Committee (Resolution No. 028-191 E. Approval of a Contract with the Washington State Department of Natural Resources for the Renewal ofthe Dekalb Street waterway Permit No. 20-812074 (Contract No.057-191 F. Excusal of Councilmember Clauson Due to Business Obligations G. Added ltem: Excusal of Councilmember Dienerfor Personal Reasons and Councilmember Ashby for Personal Reasons MOT ON: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to approve the consent agenda, as amended. The motion carried. 5. PRESENTAT!ON A. Oath of Office: Police Officer Austin Culbert police Chief Brown gave thanks for letting him administer the Oath of Office, publicly and in front of Counci!. He then read the Law Enforcement Code of Ethics into the record. Chief Brown administered the oath of office to Police Officer Austin Culbert and then Mrs. Culbert pinned Police Officer Culbert's badge to his uniform. Councilmember Ashby joined the meeting at 6:43 p.m. 5. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipa Code Chapter 2.08 Appointive Officers and Creat ng a New Chapter 2.82 Abatement Hearing Officer Minutes of September LO,2OL9 Page 3of7 MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt an ordinance amending Port Orchard Municipal Code Chapter 2.08 and creating a new Chapter 2.82 as presented. The motion carried. (Ord nance No. 035-191 B. Adoption of an Ordinance Amend ng Port Orchard Municipal Code Chapter 2O.2LZ Dangerous and Unf t Dwell ngs, Build ngs and Structures MOT ON: By Councilmember Chang, seconded by Councilmember Cucciardi, to adopt an Ordinance amending POMC Chapter 2O.2L2 as presented. The motion carried. (Ordinance No. 036-191 C. Adoption of a Reso ution Approving a Contractw th Rob nson Noble, nc. forthe 2019-2020 ESSB 5091 Foster Pilot Project Serv ces and Document ng Procurement Procedures MOT ON: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt a resolution thereby approving a contract with Robinson Noble, lnc. for the 2019-2020 ESSB 509L Foster Pilot Project Streamflow Augmentation/Restoration, Net Ecological Benefits and Hydrogeological Services in an amount not to exceed 5324,900. The motion carried. (Resolution No. O22-L9l D. Adoption of a Resolution Approving a Contract with Ventilation Power Cleaning, nc., for the 2OL9 Stormwater Catch Basin and P pe Maintenance MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to adopt a resolution, thereby approving a contract with Ventilation Power CIeaning, lnc. for the 2OL9 Stormwater Catch Basin & Pipe Maintenance Contract in the amount not to exceed Sgt,gZS. The motion carried. (Resolution No. 026-191 E. Adoption of a Resotution Approving a Contract with the Law Office of Thomas M. Pors for the 2OL9-2O20 Water R ghts-Legal Serv ces MOTION: By Councilmember Lucarelli, seconded by Councilmember Ashby, to adopt a resolution, thereby approving a contract with the Law Office of Thomas M. Pors in the amount not to exceed StgZ,SO0 for the 2019-2O2O water rights related activities. Minutes of September LO,2OL9 Page 4 of 7 The motion carr ed. (Resolut on No. 021-191 F. Adoption of a Resolution Approv ng the Purchase of Vehicles for the Equipment Rental Revolving Fund 500 MOTION: By Councilmember Rosap€pe, seconded by Councilmember Ashby, to adopt a Resolution providing City Council approval of the purchase of vehicles in accordance with the City's fleet standardization policies and the 2OL9-2O20 Biennial Budget. G. Approval of Amendment No. 1 to Contract No. 052-18 with Northwest Urban Law, PLLC for Spec al Projects and Land Use Attorney Services MOT ON: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve Amendment No. 1 to Contract No. O52-L8, with Northwest Urban Law, PLLC for special projects and land use attorney services, as presented. The motion carried. H. Approval of Amendment No. 2 to Contract No. O29-L1- with Key Bank National Assoc. to Lease R ght-of-Way Adjacent to 1301 Bay Street MOT ON: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to approve Amendment No. 2 to Contract No. 029-1.1, with KeyBank National Association to lease City right-of- way adjacent to 1301 Bay Street, as presented. The motion carried. . Approval of Special Event Application: Kitsap County Sherriffs Office Open House MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to approve the special event application for Kitsap County Sheriff's Office to hold their event and allow for a street closure, as presented. The motion carried. J. Approval of the August t3,2OL9, Council Meet ng Minutes The motion carried. (Resolution No. 029-191 Minutes of September LO,2OL9 Page 5 of7 MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to approve the August L3,2OL9, regular Council meeting minutes. The motion carried. K. Approval of the August 20,2OL9, Council Meeting Minutes MOT ON: By Councilmember Chang, seconded by Councilmember Rosapepe, to approve the Council meeting minutes of August 20,2Ot9. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) A. Update on Water Systems lmprovements and Agreements for the 580 Zone Mayor Putaansuu stated the City is makinB progress on negotiations with McCormick Communities, the City of Bremerton, and South Kitsap Fire and Rescue in an effort to make it possible to lift the building permit moratorium for the 580/550 zones. On August L3,2OL9, the City of Port Orchard made a formal request to the City of Bremerton seeking an increase in water supply from 350 gallons per minute to 792.3 gallons per minute. On August 29,2OL9, the City of Port Orchard received a response from the City of Bremerton which indicated that they could support a temporary increase in water supply to Port Orchard under certain conditions. On September 3, 20L9, McCormick Communities provided a letter to the City of Port Orchard which indicated that they were willing to make certain improvements to both the City of Port Orchard and City of Bremerton water systems and to seek to have the moratorium lifted. Council and the Mayor discussed the current progress; improvements; agreement; 580 and 660 water zones; and thanked staff, and the other agencies , for their work on this issue. ln response to Councilmember Ashby, Mayor Putaansuu said we do not have the water to provide until the agreements are in place. B. City of Port Orchard Promotional Videos Three economic development and tourism videos were shown. After watching the videos, Mayor Putaansuu asked, with Council's confirmation, to post them on our website and share with local organizations. Staff was directed to place them on the City's website. C. Draft Interlocal Agreement w th the Public Fac lities D strict for a Joint Community Center Funding Minutes of September LO,zOLg Page 6 of 7 Mayor Putaansuu said he took this item to the Economic Development and Tourism committee yesterday and the draft agreement has not changed since yesterday morning. He has two weeks from tonight before he will be before the PFD. He does intend to send the draft agreement to the PFD attorney. The agreement is asking for a phased approach. Additionally, on Task 6 on attachment B for financing alternative, the City is proposing the PFD pledge their cash flow to put more money to work and take advantage of the City's or the County's bonding capabilities. Council and Mayor continued to discuss the agreement including increasing the time from 30 days to 60 or 90 days as this may not be enough time to wrap this up; and commitment from the PFD to the bank and feasibility study. Mayor Putaansuu mentioned the PDF is scheduled to meet September 23'd and he invited Council to attend. 9. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee is scheduled to meet October 8th. Councilmember Ashby reported on the September gth Economic Development and Tourism committee meeting. The next meeting is scheduled forthe second Monday in October [October 14th]. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet September 23rd. The Sewer Advisory Committee is scheduled to meet November 6th. The Chimes and Lights Committee is scheduled to meet next Monday [September 23'd]. Councilmember Cucciardi reported the Land Use Committee met on August 26th. The next meeting is scheduled for Septemb er 23rd. Mayor Putaansuu and Councilmember Ashby reported on the KRCC [Kitsap Regional Coordinating Councill including the Legislative Reception and Retreat. Councilmember Ashby reported on the PSRC [Puget Sound Regional Council] TransPOL. 10. REPORT OF MAYOR The Mayor reported on the following: o September 17th work study topics; o Recognition for Finance Director Crocker; o Chimes and creating an ad-hoc committee for chimes songs; . Public works and concrete panels; . lnitiative 976; and o November 14th KRCC Legislative Reception. Minutes of September tO,2OL9 Page 7 of7 11. REPORT OF DEPARTMENT HEADS Finance Director Crocker reported on accounts payable process; mid-biennial review process; and monthly budget reports. City Clerk Rinearson reminded Councilto reach out to the Clerk's if they are attendingthe Legistative Reception; Kitsap Humane Society contract renewal; and will staff the Chimes ad-hoc committee. L2. CITIZEN COMMENTS Randy Jones, Dorothy Ackels, Kath een Fritch, Rob Reynolds, Robert McGee, Chuck Huck, Gerry Harmon, and Ms. Rubish, spoke to the Bay Street Pedestrian Pathway/Bike Path, discussing eminent domain; mitigation; effects on neighbors, businesses and jobs of the pathway decision in Annapolis; Whiskey Gulch accomplishments; marked walking trail options; working together with the community and more community outreach; financial status of project; recreation in Port Orchard; dedicated shuttle between ferry terminals; listening to the people in Annapolis; formal proposal to meet with Mayor and Council; 2014 vote on pathway; asking Council to put the community first; lack of transparency; change from walking path to bike path; and fighting to keep business, beautiful homes and trying to promote groMh within Annapolis. Councilmember Ashby asked the City Clerk to find if the City Council has ever taken a vote on eminent domain. 13. EXECUTTVE SESSTON There was no executive session. L4. ADJOURNMENT The meeting adj ou at 8:25 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert ffiyo,,