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08/17/2021 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August L7,2O2L L. 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 Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Absent Present via Remote Access Present via Remote Access Staff present via remote access: Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Archer, City Clerk Rinearson, and Deputy City Clerk Floyd. The meeting is also streaming live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVALOFAGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to remove Business Item 7D. Mayor Putaansuu said we are not ready to move forward with this purchase and we are evaluating other options. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as amended. The motion carried. Minutes of August t7 ,2021, Page 2 of 5 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENTAGENDA A. Approval of Voucher Nos. 82578 through 82614 including bank drafts in the amount of 'ttl,ozg.r. and EFT's in the amount of $20,g30.g5 totaling stgz,gs+.0e. B. Approval of Payroll Check Nos. 0 through 0 including bank drafts and EFT's in the amount of $0 and Direct Deposits in the amount of S0 totaling S0. C. Excusal of Councilmember Lucarelli Due to Personal Obligations MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Regarding Water and Sewer CFC Exceptions Finance Director Crocker noted in the sewer section, number 3, the last sentence references water, but this will be updated to reference sewer. Councilmember Clauson said this was discussed during the Finance Committee and they support the ordinance with the update. MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an Ordinance, amending Port Orchard Municipal Code chapter 13.04 as presented and amended. Councilmember Cucciardi pointed out a scrivener's error in section 13.04.040(1)(a)which references (ii)twice. Minutes of August L7,zOZt Page 3 of 5 ln response to Councilmember Diener, City Attorney Archer agreed that an additional 'a' should be added to section 13.04.040(1), adding'a partialor a full exemption'. The motion carried. (Ordinance No.018-21) B. Adoption of a Resolution Accepting the Funding Provided by Engrossed Substitute Senate Bill 5092 to Assist with One-time Cost Related to Law Enforcement & Criminal Justice Related to Legislation Enacted Between January 2O2O and June 30, 2021 MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to adopt a Resolution, thereby approving the acceptance of funding provided under ESSB 5092 Section 739 to assist with one-time costs related to implementation by law enforcement of legislation enacted between January L,2020, and June 30,202L. The motion carried. (Resolution No. 063-21) C. Adoption of a Resolution Accepting the American Rescue Plan (ARPA) Coronavirus State & Local Fiscal Recovery Funds (SLFRF) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution, thereby approving the acceptance of a grant from the American Rescue Plan Coronavirus State & Local Fiscal Recovery Funds (SLFRF) in the amount of 52,821,,078 to be later appropriated by the Council to pay for eligible expenses as consistent and compliant with the American Rescue Plan Act. The motion carried. (Resolution No. 064-21) 8. DISCUSSION ITEMS (No Action to be Taken) A. Department of Ecology Requested Revisions to the City's Adopted 2021 Shoreline Master Program Update Community Development Director Bond explained Council adopted its required periodic update to the Shoreline Master Program in March. Upon adoption, the City is required to transmit it to the Department of Ecology, who then reviews it and decides to approve or if additional revisions are needed. Minutes of August 17,202t Page 4 of 5 We received a comment matrix back with L0 comments. The first 9 comments were not difficult to implement, however, the LOth comment was something we had fought to have changed 2%years ago concerning allowing some parking in our downtown by the waterfront. Ecology is now stating that what they approved 2 years ago was no longer allowed, but there has been no change in state law. He and staff met with the Department of Ecology and were able to work out a compromise for the downtown parking. The compromise is consistent with our downtown sub area plan where parking has been identified in the shoreline buffer, it would be allowed, but nowhere else in the City. A brief discussion was held and Council had no objections with the proposed changes Mayor Putaansuu noted this will be brought before Council in about a month. Council Direction: No direction was given to staff. B. Ordinance Amending Port Orchard Municipal Code Chapter L3.O4 Regarding Water and Sewer CFC Credit Development Director Bond said a couple months ago, we went through a similar process for sewer as we wanted to incentivize private developers to build capital facilities that are a part of our capital facility charge for our sewer system. We wanted to do the same type of system for water, but water is a little different. We already have at least one water CFC credit agreement which warranted additional language in this ordinance to call out that those agreements will still be recognized under this new water CFC credit framework. Another difference is the 1998 Purchase and Sale Agreement for the McCormick Water System included certain obligations of the City that we did not have on the sewer side. We do not want to limit ourselves to a fixed percentage of how much we can provide credit towards a project that serves a particular area. That will allow us to negotiate a more flexible agreement which takes into account the 1998 agreement. Additionally, this has been to the Utility Committee who recommended this be brought to Council for discussion tonight. This was also brought before the Finance Committee this evening who had no objections, This will be brought before Council for adoption at the first meeting in September. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the August LTth Finance Committee meeting. A brief discussion was held regarding the Finance Committee meeting and derelict boats. 10. REPORT OF MAYOR The Mayor reported on the following: Minutes of August t7,2O2L Page 5 of 5 o South Kitsap Community Event Center updates; o DNR lease assignment with Kitsap Bank;. Requests to lower the flag;o YouTube and meeting through Zoom; o Gorst Coalition; and. ln accordance with Ordinance No. 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions', he reported on the Accounting Assistant lll job description and opening. 11. REPORT OF DEPARTMENT HEADS Police Chief Brown thanked Council for their support and spoke to denial letters which were sent out for local events. Community Development Director Bond reported on the newest Census data and introduced the new Building Official, Angela Garcia. L2. CIT'ZEN COMMENTS Kiaha Long thanked Mayor Putaansuu for his response on Covid and Police Chief Brown on addressing certain issues and addressed the census data asking Councilto think about the people of color in our community and racial equity. L3. EXECUTIVE SESSION There was no executive session GOOD OF THE ORDER Councilmember Rosapepe noted we do not have another meeting in August and said he hopes everyone enjoys their time off. 14. ADJOURNMENT The meeting adjourned at 7:38 p.m. No other action was taken. Audio/Visual was successful 1l ltolt nine Floyd, CMC,o R.4 Putaansuu, Mayor