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09/24/2019 - Regular - MinutesCity of Port Orchard Council Meeting M nutes Regular Meeting of September 24,2OL9 1. CAIL 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 Ashby Councilmember Chang Councilmember Clauson Cou nci lmember Cucciardi Councilmember Diener Councilmember Lucarelli Cou ncilmember Rosapepe Mayor Putaansuu Absent Present Present Present Present Present Present Present Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney Cates, Police Chief Brown, Operations Manager Lang, City Clerk Rinearson and Deputy City Clerk Floyd. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA Mayor Putaansuu mentioned tonight's public hearing will not be held due to incorrect noticing. lt will be held at a future date. MOTION: By Councilmember Rosapep€, seconded by Councilmember Diener, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 7751,4 through 77544 and77656 through777L4 including bank drafts in the amount of S3t0,S03.55 and Electronic Payments in the amount of S13,128.69 totaling sgza,og2.34. Minutes of September 24,20L9 Page 2 of 6 B. Approval of Payroll Check Nos. 77645 through 77655, including bank drafts and EFT's in the amount of 5263,205.O7; and Direct Deposits in the amount of Stlq,ggL.3ztotaling 5438,136.39. C. Adoption of a Resolution Confirming the Appointment of Tim Drury as the City's Abatement Hearing Officer (Resolution No. 031-19) D. Excusal of councilmember Ashby Due to Personal Reasons MOT ON: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the consent agenda as presented. The motion carried. 5. PRESENTAT ON There were no presentations. 5. PUBI C HEAR NG A. Surplus of Water and Sewer Utility Equipment The public hearing was canceled. 7. BUS NESS ITEMS A. Adopt on of an Ord nance Amend ng Port Orchard Mun c pa Code Chapter 20.39 Adopt ng Regulations Related to Soc al Services Faci t es and Repea ng tnterim Ordinance No. 015-19 MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve an ordinance to adopt permanent regulations for the siting and devetopment of secured residentiat facilities for sexually violent predators. The motion carried. (Ord nance No. 037-19) B. Adoption of an Ordinance Amending Port Orchard Mun cipal Code Section 20.200.012 'Tenant Occupancy Permit" The motion carried. (Ord nance No. 038-19) C. Adoption of a Resolution Amend ng Resolution No. 1946 Updat ng Speed Limits on Certain Roads w thin the City of Port Orchard (POMC 10.081 MOTION: By Councilmember ChanB, seconded by Councilmember Diener, to approve an Ordinance amending Section 20.2OO.OLz POMC to adopt certificate of occupancy review and inspection requirements for certain new tenants and tenant changes of use. Minutes of September 24,20L9 Page 3 of 6 MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt the proposed resolution amending Resolution No. L946 within Chapter 10.08 POMC to update speed limits within the City of Port Orchard. Counc I Direction: Staff was directed to provide advance notice to the public about the changes. The motion carried. (Resolution No. 032-191 D. Approval of Amendment No. 1 to Contract No. 025-17 with BHC Consultants, LLC for the 2Ot7 Water System Plan Update MOT ON: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to execute Amendment #1, to Contract No. CO25-L7 with BHC Consultants LLC, in an amount not to exceed Sg+,+90.00, thereby bringing the new Contract total to 5228,497 and extending the Contract term to December 3L, 2020. The motion carried. E. Approval of Amendment No. 1 to Contract No. 049-L7 with BHC Consultants, LLC for On-cat Engineering Services MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to execute Amendment No. 1 to Contract No. CO49-L7 with BHC Consultants, in an amount not to exceed SZ5,OO0, thereby bringing the new Contract tota! to S155,000. The motion carried. F. Approval of the september 10, zoLg, council Meeting Minutes MOT ON: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the meeting minutes from September L0th as revised. The motion carried. Councilmembers Diener and Clauson abstained. Councilmember Lucarelli pointed out a misspelling in the minutes. 8. D SCUSSION TEMS (No Action to be Taken) A. Public Fac lities District (PFDI Agreement Update Mayor Putaansuu provided an update on the PFD's meeting, saying that we are taking steps forward and have another meeting scheduled for Monday [September 28, 2OL9] to talk about the specifics of the agreements. He voiced his displeasure with the draft agreement process and timeframes. The PFD's next meeting is scheduled for October 28th. We still do not have a commitment on the exact Minutes of September 24,2OL9 Page 4 of 5 dollar amount they are going to give us, but at the last two meetings, they have said they are going to fund us. We need to get this agreement done, but do not know at what leve!. B. nitiative Measure No. 976 Regarding Car Tab Fees Mayor Putaansuu mentioned said it is up to Council if they want this item on an agenda. He explained that a number of cities have passed resolutions in opposition of this initiative. We enacted a S2O car tab fee as part of our transportation funding in our City. This was part of the package put together to pay for Tremont. This would remove about 5200,000 a year from our City and we would have to make it up some other way. He asked Council if they should hold a Public Hearing and possibly pass a Resolution in opposition? Mayor and Council discussed a public hearing, when to take action, and receiving more information on the initiative. Council Direct on: Staff will move forward noticing a Public Hearing for October 8th and placing this on the agenda with 2 resolutions for possible action, with in opposition and the other in support. ln addition, to provide more information to the Public and Council about this Initiative. C. Updating the 2OL9-2O21 Legislative Agenda Mayor Putaansuu said he and staff have been brainstorming on several ideas, including updates at City Hall; remove marquee downtown; and new streetlights. The item for the community center is probably premature. Since it is a supplement year, the lobbyist recommends asking for true emerging issues and emergencies. He will continue to advocate for the transportation package that includes improvements on Sedgwick. Other ideas were utility and street related which don't do well in capital budgets. Mayor and Council discussed the legislative agenda; Kitsap Regional Coordinating Council; and community center. Mayor Putaansuu said he will work with the lobbyist and bring back a formal legislative agenda to Council. 9. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee is scheduled to meet October Sth and the Economic Development and Tourism committee is scheduled to meet October 14th. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet October 21st. The Sewer Advisory Committee is scheduled to meet November 6th. She reported on the September 16th Chimes and Lights meeting, and the next meeting is scheduled for October 2L't. Councilmember Rosapepe reported the Lodging Tax Advisory Committee is scheduled to meet the first week in October and will have final dates tomorrow. Minutes of September 24,2OL9 Page 5 of6 Mayor Putaansuu reported he rode the Kitsap Transit Waterman yesterday; the two boat, high speed ferry service from Bremerton to Seattle started yesterday; and the Carlisle is going out for significant repairs but will be back at a future date. 10. REPORT OF MAYOR The Mayor reported on the following: o City Hall work force updates; o Bay Street Pedestrian Path presentation; o South Kitsap High School Wolves flag; o Clock tower music; o Contract for surveying services; o Well 13 updates; . Noon Rotary Club and benches at waterfront; o Active shooter meeting; and o t406 funds (affordable housing money). Councilmember Lucarelli asked Council to clarify and decide priority for meetings on which ones she should attend. 11. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported he and Councilmember Ashby will be meeting with the legislative group regarding SR16 1760 project. Community Development Director Bond reported on a grant opportunity for cities under 20,000 population which is House Bill L923. lt provides grants for increasing residential building capacity in a city. They are leaning towards applying for the downtown sub area plan. Mayor, Council and staff discussed the grant and options; regional centers and funding; application due date; planned action EIS; and stafftime and projects. L2. ClT ZEN COMMENTS Bill Evans, Robert McGee, Cate Cooper, Cuck Huck, Tracy Digiovann , Randy Jones, Shawn D. voiced concerns with the Bay Street Pedestrian Pathway which included the effects of the pathway on the residents and businesses in Annapolis; eminent domain concerns; transparency; petition; the September LTth pathway presentation and email read into record; having a dialog with the City regarding alternate solutions; loss of parking; width of the path; environmental impacts; solutions to work together with the City; phases 1 and 2 of the pathway; safety concerns; need open line of communication between citizens and the City; mitigation discussions; and growth and employees of Whiskey Gulch. Minutes of September 24,2OL9 Page 6 of 6 Gregory Vance Vaught voiced concerns with the gas station to be built by his residence and spoke to soil contamination; neighbor concerns; and safety. Gerry Harmon asked Council to speak into their microphones and to also investigate other types of microphones; September 17th Bay Street Pedestrian Pathway presentation; and pathway concerns. 13. EXECUTIVE SESSION At 7:56 p.ffi., Mayor Putaansuu recessed the meeting for a 2O-minute executive session to discuss pending/ongoing litigation pursuant to RCW 42.30.110. City Attorney Cates, Development Director Bond and Public Works Director Dorsey were invited to attend and Mayor Putaansuu announced no action would be taken. At 8:16 p.m., Mayor Putaansuu extended the executive session an additional 10 minutes. At 8:25 p.ffi., Mayor Putaansuu extended the executive session an additional 10 minutes. At 8:35 p.ffi., Mayor Putaansuu extended the executive session an additional 5 minutes. At 8:41 p.ffi., Mayor Putaansuu reconvened Council back into regular session. T4. ADJOURNMENT The meeting a at 8:41 p.m. No other action was taken. Audio/Visual was successful.d h, MMC, City C Ierk Robert Putaansuu, Mayor Nicole Vaught voiced her frustrations with the current Council, Mayor, and staff and spoke about prior administration.