12/20/2016 - Special - MinutesCity of Port Orchard
Council Meeting Minutes
Special Meeting of December 20, 2016
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 7:00 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Present
Councilmember Chang Present
Council member Cucciardi Present
Councilmember Diener Present
Councilmember Donlin Present
Councilmember Lucarelli Present
Mayor Pro-Tern Clauson Present
Mayor Putaansuu Present
Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney
Cates, City Clerk Rinearson, and Deputy City Clerk Floyd were also present.
A. Pledge of Allegiance
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 amend the
agenda by removing the KEDA presentation under SA and exchanging it with a presentation from
Bryan Mcconaughy wit Puget Sound Energy.
The motion carried.
MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to approve the agenda as
amended.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of December 5, 2016, Special Council Meeting Minutes
Minutes of December 20, 2016
Page 2 of 4
MOTION: By Councilmember Cucciardi, seconded by Councilmember Donlin, to approve the
consent agenda as proposed.
The motion carried.
S. PRESENTATION
Bryan Mcconaughy with Puget Sound Energy presented the City with donations for the Festival of
Chimes and Lights and the food drive.
6. PUBLIC HEARING
A. Public Hearing on an Ordinance Adopting Interim Regulations Relating to Nonconforming
Uses and Structures and Procedures
Mayor Putaansuu opened the Public Hearing at 7:09 p.m.
Teresa Osinski, Executive Vice President of the Kitsap Building Association continues to be
dissatisfied with the City's efforts to pass interim codes rather than the traditional process of code
revisions and said it is poor governance. In addition, what has been proposed is unnecessary.
William Palmer, representing Kitsap Alliance of Property Owners Organization said there is no
emergency, and the City has not proven there is one. He has serious questions about how the City
is proceeding with their process.
Mike Eliason, Kitsap County Association of Realtors believes there are other administrative
remedies available to the City. He would like the opportunity to provide the Washington
Administrative Code because for City's that don't have in their codes definitions for
nonconforming, there is a backup for addressing these issues.
There being no further testimony, Mayor Putaansuu closed the public hearing at 7:18 p.m.
Councilmembers briefly discussed their concerns with the process and the value of the ordinance.
Community Development Director Bond addressed the concerns raised during citizen comments
and spoke about property zoning issues.
In response to Councilmember Clauson, Community Development Director Bond stated there is a
pending need for this that creates an emergency but he cannot get into the details.
At 7:38 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session in
accordance with RCW 42.30.llO(l)(i) regarding pending litigation. City Attorney Cates and
Community Development Director Bond were invited to attend and the Mayor announced that no
action would be taken.
At 7:48 p.m., Mayor Putaansuu reconvened the meeting.
7. BUSINESS ITEMS
Minutes of December 20, 2016
Page 3 of 4
A. Adoption of a Resolution Confirming Mayoral Appointments to Boards and Commissions
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt a Resolution
confirming the Mayor's appointments to the boards and commissions as set forth in the Resolution
presented.
The motion carried.
(Resolution No. 085-16)
B. Second Adoption of a Resolution Setting Forth Port Orchard Standards of Conduct and
Written Procedures in Accordance with the Code of Federal Regulations
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a
Resolution setting forth Port Orchard Standards of Conduct and Written Procedures in accordance
with the Code of Federal Regulations.
The motion carried.
(Resolution No. 086-16)
C. Discussion: Decant Facility Update
Public Works Director Dorsey noted on August 23, 2016, and given that the Change Order
Authority limit(s) established pursuant to Resolution No. 006-15 had already been met, the Port
Orchard City Council, authorized the Mayor to sign Change Order No. 2 for $36,894 for the
Regional Decant Facility and manage the construction contract up to the Budget Authority allotted
in the Storm Drainage Utility Budget for the project. Due to several grant eligible 'soft costs' that
were not tracked by the Public Works Department (permit fees, PSE design costs, water meter
fees, on-call materials testing, staff time/benefits, etc.), and additional Work items authorized by
the Department of Ecology and the City to resolve design gaps, an overage of the allotted 2016
Budget Authority ($1,015,000} by $45,671.82 has currently occurred. Staff recommends that at the
December 27, 2016, Council meeting the City Council authorize the Mayor to Execute Change
Order No. 5 with JMG Constructors, LLC in the amount of $35,213.95, with the required funding
provided by the 2016 Storm Drainage Utility Fund.
8. REPORTS OF COUNCIL COMMITTEES
There were no reports of Council Committees.
9. REPORT OF MAYOR
Mayor Putaansuu reported on the following:
Minutes of December 20, 2016
Page 4 of 4
• Updates on the Community Development department moving into the new building at 720
Prospect Street;
• Council retreat dates;
• Governor's budget; and
• Sunshine Fund.
Councilmember Lucarelli reported on the winners of the Council's Holiday Light Tour and a short
video of the 'Best Sensational Christmas' was shown.
10. REPORT OF DEPARTMENT HEADS
Community Development Director Bond said an end-of-year report on impact fee collection was
handed out prior to the meeting, as required by our codes.
11. CITIZENS COMMENTS
Dick Brown said we should know the history of people's property in Port Orchard; the City is
behind the curve on traffic; and has concerns with intersections.
Mike Eliason said it is important for the Council to get an accurate reflection of the stakeholders
committee meetings. He also complimented Council and staff on the lighting in the City.
Teresa Osinski encouraged Council to take the time to attend the Code Development Committee
meetings as it is important to the people who attend.
Gerry Harmon would like to have the Council retreat recorded and questions the Council's reaction
to different presentations.
12. EXECUTIVE SESSION
An Executive Session was held earlier.
13. ADJOURNMENT