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03/22/2016 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 22, 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 Councilmember Cucciardi Present Councilmember Diener Present Councilmember Donlin Present Councilmember Lucarelli Present Mayor Pro-Tem Clauson Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Development Director Bond, City Attorney Cates, City Clerk Rinearson, Police Chief Marti, Human Resource Coordinator Howard, Deputy City Clerk Floyd, and Office Assistant II Honeycutt were also present. A. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Gerry Harmon voiced her concerns on the proposed changes to public comments at Council meetings. Nick Whittleton spoke about the change of procedure for public comments and Council meetings listed on the agenda. Elissa Whittleton questions the verbiage of the definition of 'citizen', the rearrangement of the citizen comments, and minutes from the council retreat. Ms. Lane read a letter into record from Marcus Lane regarding citizen involvement and asks council to reconsider the resolution changing citizen comments. Minutes of March 22, 2016 Page 2 of 8 Matt Murphy addressed his concerns with the banner hanging resolution and the proposed citizen comment portion; thanked the Clerk's office for the Public Event Tool Kit; and stated the Chamber stands behind the school bond. Don Ryan is in favor of a second high school, but is opposed to the property owners having to pay for this bond. Brian Petro spoke about limiting public input and the disconnect between the public and elected officials. 3. APPROVAL OF AGENDA MAIN MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to approve the agenda as presented. AMENDED MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to pull Business Item 7E from the agenda. The motion carried. The main motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of March Bi-Weekly Check Nos. 66191 through 66261 totaling $148,196.42 and March Bi-Weekly Payroll Check Nos. 146899 through 146924 totaling $356,572.91 B. Approval of March 8, 2016, Council Meeting Minutes C. Approval of an Agreement with King County for the 2015 Aerial Imagery (Contract No. 034- 16) D. Approval of an Interlocal Agreement with Kitsap County Traffic Safety Task Force for Mutual Aid and Establishing Traffic Safety Task Force (Contract No. 030-16) E. Approval of Public Event Application: Port Orchard Farmers Market MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the consent agenda as published. The motion carried. 5. PRESENTATION A. Proclamation: World Wide Parkinson's Disease Awareness Month Minutes of March 22, 2016 Page 3 of 8 Mayor Putaansuu read the proclamation into record and presented the proclamation to Ms. Vivian Henderson. 6. PUBLIC HEARING A. Public Hearing and Adoption of a Resolution Authorizing the Transfer of any Interests in the Assets of CENCOM from the City to Kitsap County Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 7:30 p.m. MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to adopt Resolution No. 025-16, to authorize the City of Port Orchard to transfer any assets, liabilities and/or other interests it may have in property held by Kitsap County on behalf of CENCOM to Kitsap County so that Kitsap County can transfer all such assets, liabilities and/or other interests to Kitsap 911 upon its creation. The motion carried. (Resolution No. 025-16) B. Public Hearing and Adoption of a Resolution Supporting the South Kitsap School District No. 402 General Obligation Bonds Ballot Measure Mayor Putaansuu opened the public hearing at 7:37 p.m. The following spoke in favor of the Ballot Measure: • Chris Lemke • Greg Wall • Dr. Reed • Brian Petro • Walt Shufert • Colin McGee • Greg G. • April Doran There being no further testimony, Mayor Putaansuu closed the public hearing at 8:03 p.m. MOTION: By Councilmember Diener seconded by Councilmember Lucarelli, to adopt a resolution, supporting South Kitsap School District No. 402 General Obligation Bonds ballot measure scheduled for voter action on April 26, 2016. Minutes of March 22, 2016 Page 4 of 8 The motion carried. (Resolution No. 029-16) 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.04 Council Meetings MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to adopt an ordinance amending Port Orchard Municipal Code Chapter 2.04 Council Meetings, as presented. The motion carried. (Ordinance No. 009-16) B. Adoption of a Resolution Ratifying the Collective Bargaining Agreement with Teamsters Local 589 Representing the Municipal Court Employees MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to ratify the terms of the Collective Bargaining Agreement with the Teamsters Local 589 representing the Municipal Court Employees bargaining unit and authorize the Mayor to execute the same. The motion carried. (Resolution No. 031-16 & Contract No. 031-16) C. Adoption of a Resolution Ratifying the Collective Bargaining Agreement with Teamsters Local 589 Representing the Police Support Staff Employees MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to ratify the terms of the Collective Bargaining Agreement with the Teamsters Local 589 representing the Police Support Staff Employees' bargaining unit and authorize the Mayor to execute the same. The motion carried. (Resolution No. 032-16 & Contract No. 032-16) D. Adoption of a Resolution Ratifying the Collective Bargaining Agreement with Teamsters Local 589 Representing the Public Works Employees MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to ratify the terms of the Collective Bargaining Agreement with the Teamsters Local 589 representing the Public Works Employees' bargaining unit and authorize the Mayor to execute the same. Minutes of March 22, 2016 Page 5 of 8 The motion carried. (Resolution No. 033-16 and Contract No. 033-16) E. Adoption of a Resolution Approving Four (4) Quit Claim Deeds to Allow for the Legal Transfer of Properties Associated with the South Kitsap Water Reclamation Facility A motion passed, earlier in the meeting, to remove this item from the agenda. F. Approval of a Resolution Repealing Resolution No. 032-06 and Re -Establishing Rules Governing Citizen Comments During a Regular City Council Meeting MAIN MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt a resolution repealing Resolution No. 032-06, and reestablishing rules governing Citizen Comments during regular City Council meetings, as presented. AMENDED MOTION: By Councilmember Chang, seconded by Councilmember Diener, to make an amendment to change the language in the resolution where we "recommend" that the first comment portion be related to the agenda. The amended motion failed. Councilmembers Chang, Ashby, Donlin, Cucciardi, Lucarelli, and Clauson voted no. The main motion passed. Councilmember Chang voted no. (Resolution No. 009-16) G. Adoption of a Resolution Repealing Resolution No. 031-07 and Adopting the 2016 WSDOT Policies Regarding Right -of -Way Acquisition Procedures MOTION: By Councilmember Donlin, seconded by Councilmember Clauson, to adopt a resolution, thereby updating the required Right -of -Way Acquisition Procedures and repealing in its entirety Resolution No. 031-2007. The motion carried. (Resolution No. 028-16) H. Adoption of a Resolution Repealing Resolution Nos. 1797 and 001-10 and Re-establishing a Policy for Permitting the Display of Banners from Over SR166 at Bay Street MAIN MOTION: By Councilmember Ashby, seconded by Councilmember Diener, to approve the resolution concerning the Bay Street Hanging Banners as presented. Minutes of March 22, 2016 Page 6 of 8 AMENDED MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to change Number H to read "The Community Development Director may recommend additional policies and procedures to the City Council as necessary to administer the permitting of the Bay Street Banners pursuant to the above minimum provisions." Councilmember Ashby withdrew her amended motion. AMENDED MOTION: By Councilmember Diener, seconded by Councilmember Chang, that the City shall collect a permitting fee for each permit to cover all, or a portion of, administration and installation costs. The amended motion carried. AMENDED MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, establish a $100 fee for the 2016 banners that are hung. The amended motion carried. Councilmember Chang and Diener voted no. AMENDED MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, for the first 30 days you are only allowed 2 slots, and after the first initial 30 day period, anyone can sign up for additional slots on a first come, first serve basis. The amended motion carried. AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to strike H and strike the paragraph following THAT forward. [motion is still on the floor, no vote was taken] AMENDED MOTION: By Councilmember Clauson, seconded by Councilmember Diener to table this issue until the first meeting in April. The amended motion carried. I. Adoption of a Resolution Approving a Contract with HDR Engineering, Inc. for the Well No. 9 Water Quality Retrofit Design and Procurement Procedure Documentation MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt a resolution, thereby approving a Contract with HDR Engineering, Inc. in an amount not to exceed $155,400 for the 2016 Well No. 9 Water Quality Retrofit Design and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Minutes of March 22, 2016 Page 7 of 8 The motion carried. (Resolution No. 004-16 & Contract No. 006-16) NEW BUSINESS ITEM MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, our agenda order to place the approval of the agenda directly after the Pledge of Allegiance and prior to citizen comments. The motion carried. 8. COMMITTEE REPORTS Councilmember Clauson reported the Finance Committee is scheduled to meet March 28 at 7:30am. Councilmember Ashby reported on the Economic Development and Tourism Committee meeting that met on March 14, and the next meeting is scheduled for April 11 at 9am. Councilmember Lucarelli reported the Utilities Committee meeting in March was cancelled due to lack of items and the next meeting is scheduled for April 18, at 9am. The Sewer Advisory Committee is scheduled to meet on April 20. Councilmember Diener reported the Land Use Committee is scheduled to meet on March 30, 7:30am at City Hall. Councilmember Lucarelli reported on the Festival of Chimes and Lights Committee meeting that met on March 14. 9. MAYOR'S REPORT Mayor Putaansuu reported on a Public Hearing that was held at City Hall on a proposed vaping ordinance being proposed by the Health District. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported they have issued the Notice to Proceed for the Dekalb Pier Phase 2; Bethel Paving is going to ad on April 8; will be giving a presentation on Tremont to KRCC Transpol; and provided an update on the Bay Street Pedestrian Pathway project. Minutes of March 22, 2016 Page 8 of 8 Development Director Bond reported the Comprehensive Plan and Transportation Element are moving forward. 11. CITIZENS COMMENTS Elissa Whittleton said a new gallery is opening on Bay Street and is disappointed in the change of the citizen comment portion of meetings. Gerry Harmon is disappointed in the Council on limiting what people are trying to say. Brian Petro believes the ordinance is a way to stifle input from the public and that the City should not be hanging banners. Matt Murphy said he has confidence in the Council to do what is right by South Kitsap and its citizens. Bobbie Stewart said merchants downtown would like the parking downtown extended. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 9:51 p.m. No other action was taken. Z- L Brandy Rinearson, CIVIC, City Clerk Robert Putaansuu, Mayor 001011Q0iIr 0/� ORPOA4 G ,r9�F 4?BER1a°C>