04/10/2018 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of April 10,2018
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:
Councilmember Ashby
Councilmember Chang
Councilmember Clauson Present
Councilmember Cucciardi Present
Mayor Pro-Tern Diener Present
Councilmember Lucarelli Present
Councilmember Rosapepe Present
Mayor Putaansuu
Present
Present
Present
Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney
Cates, HR Coordinator Howard, City Clerk Rinearson, and Deputy City Clerk Floyd were also present.
A. PLEDGE OF ALLEGIANCE
Ricky, Pack 4528 led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to add a Discussion Item
for 7H for a Discussion on Birds on the Waterfront.
The motion carried.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda
as amended.
The motion carried.
3. CITIZENS COMMENTS
Karyn Moni, Theresa Donnelly, Kim Siebens, Margi Moore, Gerry Harmon, Donna Hixson, Tina
Makins, Elizabeth Droan, Deana Castle, and Diane spoke to the proposed ordinance banning the
retail sale of puppies and kittens, provided information on animal breeding and training, USDA rules,
and issues that could arise from purchasing an animal from a puppy mill.
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Adam Perkins does not mind being able to go into a pet store and buy a dog or cat as he believes it
is his responsibility as a consumer to know what he is getting into. The Council should not be able to
determine where we buy a dog.
4. CONSENT AGENDA
A. Approval of Check Nos. 74043 through 74151 totaling $428,016.48; March Electronic
Payment Dates 3/1/2018 through 3/31/2018 totaling $41,714.40; and Bi-Weekly Payroll
including Check Nos. 147912 through 147917 totaling $289,417.56.
B. Approval of the March 27, 2018, Council Meeting Minutes
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to approve the consent
agenda.
The motion carried.
5. PRESENTATION
A. Review of Biennial Budget
Finance Director Crocker gave an overview presentation of the City's current budget.
6. PUBLIC HEARING
No public hearings were held.
7. BUSINESS ITEMS
A. Adoption of a Resolution Approving Medical Benefits for Non-Union Represented Executive
Exempt and Non-Exempt Employees
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt a Resolution to
approve the employee medical benefits for non-union represented Executive Exempt and nonexempt
employees to match the medical benefits reflected in the union contracts.
The motion carried.
(Resolution No. 019-18)
B. Adoption of a Resolution Approving the Job Description and Salary Scale for the Public Works
Utilities/Facilities Operations Manager
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a Resolution,
thereby approving a new Job Description and Salary Scale, starting at the Year-1 Level, reflecting the
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Public Works Utilities/Facilities Operations Manager position within Public Works/Engineering
Department.
The motion carried.
(Resolution No. 015-18)
C. Adoption of a Resolution Approving a Contract with Neptune Marine LLC for the McCormick
Village Park Phase 2 Project and Documenting Procurement Procedures
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt a Resolution,
thereby approving a Contract with Neptune Marine LLC in an amount not to exceed $1,321,031.82
(applicable taxes included) for the 2018-2019 McCormick Village Park-Phase 2 Construction Project.
The motion carried.
(Resolution No. 011-18)
D. Adoption of a Resolution Approving a Contract with JMG Constructors, LLC for the Well No. 9
Water Quality Retrofit Project and Documenting Procurement Procedures
MOTION: By Councilmember Lucarelli, seconded by Councilmember Ashby, to adopt a resolution,
thereby approving a Contract with JMG Constructors, LLC in an amount not to exceed $1,838,252.30
(taxes included) for the 2018-2019 Well No. 9 Water Quality Retrofit Project.
The motion carried.
(Resolution No. 009-18)
E. Approval of the March 20,2018, Council Work Study Session Minutes
MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to approve the work study
minutes from the meeting of March 20th as presented.
The motion passed. Councilmembers Diener and Clauson abstained.
F. Discussion: Ban on Retail Sales of Puppies and Kittens from Mill Breeders
Development Director Bond stated the City has been made aware of puppies and kittens sold at pet
shops come from large scale, commercial breeding facilities where the health and welfare of the
animals are not adequately provided for. The cities of Bremerton, Bainbridge Island and Poulsbo
have recently passed ordinances prohibiting the retail sale of dogs and cats other than those sourced
from animal welfare organizations. Port Orchard received a request to pass an ordinance prohibiting
the sale of animals bred in puppy and kitten mills. There are currently no stores in Port Orchard that
sell puppies or kittens from mills.
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At the direction of the Land Use Committee, the City Attorney drafted an ordinance similar to those
adopted by Bremerton, Poulsbo, and Bainbridge Island for consideration. The draft ordinance was
reviewed at the March 20 Council work-study meeting. At the work-study meeting, Council Members
requested several revisions to the proposed language, and the City Attorney prepared a replacement
ordinance. The changes would remove the requirements that pet stores offer for sale only pets that
have been sourced from animal welfare organizations, that puppies and kittens for sale be at least
eight weeks old, and that pet stores shall maintain records on the source of animals sold at the store.
Instead, the replacement ordinance simply prohibits the sale of puppies and kittens supplied by puppy
or kitten mills, as defined therein.
Councilmembers discussed the ordinance and the proposed changes, noting they support banning
the sale of puppies and kittens from puppy mills, but question the wording in the ordinance.
MAIN MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt the
changes [redline replacement ordinance 3/22/2018] in language with the following amendments
and that would be striking definition of mills 18 and on 8 on page 114 that we change the language
to read pet shops can only offer for sale dogs or cats that have been obtained from our cooperation
with an official animal control authority.
AMENDED MOTION: By Councilmember Chang, seconded by Councilmember Diener, to replace 8
with a pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or
displays in cooperation with an animal shelter or an animal rescue league. A pet shop shall not offer
for sale a dog or cat that is younger than 8 weeks old.
Public Works Director Dorsey said it might be best to bring forward a red-line version at a work study
instead of discussing and adopting tonight in case there is contradictory language.
The amended motion passed. Councilmembers Ashby and Rosapepe voted no.
Council and staff continued discussion on the proposed ordinance and the next steps staff and
Council need to take.
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to continue tonight's
discussion, with direction provided to staff, to April 24th.
Council discussed the motion.
CALL FOR THE QUESTION: By Councilmember Rosapepe, seconded by Councilmember Cucciardi.
The call for question carried.
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Motion to continue to date certain failed. Councilmembers Ashby, Rosapepe, Cucciardi, Lucarelli,
and Clauson voted no.
The main motion failed unanimously.
Councilmember Ashby would prefer this come back to a work study session.
Council Direction: Staff was directed to bring a revised Ordinance to next week's work study session
[April 17, 2018].
G. Discussion: Council Retreat Agenda and Overview of Proposed Visioning Session
Mayor Putaansuu briefly discussed the council retreat agenda and visioning session.
H. Discussion: Birds on the Waterfront
Councilmember Clauson said it was brought to his attention, and Council has discussed this before,
that problems are occurring due to people feeding the seagulls which is causing a lot of droppings.
The City may want to think about installing [not feeding the seagull] signs.
Mayor Putaansuu noted an ordinance was drafted up and had been brought before Council.
Council Direction: Staff was directed to bring the ordinance back to the April 24th Council meeting.
8. REPORTS OF COUNCIL COMMITTEES
Councilmember Clauson reported the Finance Committee is scheduled to meet on April 24th.
Councilmember Ashby reported on the April 9th Economic Development and Tourism Committee
meeting, and briefly discussed Kitsap Regional Coordinating Council (KRCC).
Councilmember Lucarelli reported the Utilities Committee is scheduled to meet April 16th. Sewer
Advisory Committee is scheduled to meet April 18th. The Festival of Chimes and Lights Committee is
scheduled to meet April 16th.
Councilmember Diener reported the Land Use Committee is scheduled to meet May 7th.
9. REPORT OF MAYOR
Mayor Putaansuu reported on the following:
• PSRC (Puget Sound Regional Council) Annual Meeting;
• AWC Annual Conference;
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• Kitsap Street mixed use;
• Bylaw changes for [Kitsap] Transit and Mayor's alternate on the board;
MOTION: By Councilmember Ashby, seconded by Councilmember Diener, that Councilmember Jay
Rosapepe will be your alternate on Kitsap Transit.
The motion passed. Councilmember Clauson abstained.
• Community service day has been rescheduled to April 14th;
• Brokers price opinion on 640 Bay Street and Frederick right-of-way;
• MASA Pizza's request to vend at 640 Bay Street; and
• Proposed Town Hall meeting on May 29th to discuss single use plastic bags.
10. REPORT OF DEPARTMENT HEADS
Finance Director Crocker reported the Finance Committee is scheduled to meet at 5:15pm on April
24th.
Community Development Director Bond reported on a Ruckelshaus workshop he attended on behalf
of the City.
In response to Councilmember Chang, Mayor Putaansuu mentioned we will look into why the chimes
are not ringing.
11. CITIZENS COMMENTS
Margi Moore noted this legislation is not to target any one local business. It is all about the animal
welfare.
Gerry Harmon said the herons are perching in the trees between her house and the 800 block and it
is causing issues due to their droppings.
12. EXECUTIVE SESSION
At 9:03 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session to discuss a
litigation matter pursuant to RCW 42.30.110(l)(i). City Attorney Cates, Public Works Director Dorsey,
Public Works Utilities/Facilities Operations Manager Hunter, Finance Director Bond, and Community
Development Director Bond were invited to attend.
At 9:23 p.m., Mayor Putaansuu reconvened Council back into regular session.
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13. ADJOURNMENT
The m eeting adjoined at 9:23 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC,City Clerk Robert Putaansuu, Mayor
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