09/28/2021 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of September 28, 2021
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:
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
Present via Remote Access
Present via Remote Access
Present via Remote Access
Staff present via remote access: Finance Director Crocker, Public Works Director Dorsey, Police Chief
Brown, Community Development Director Bond, HR Manager Lund, 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. APPROVAL OF AGENDA
MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to add 2 items to
tonight's agenda. The first being an executive session just before Business Item A related to legal risk
regarding one of our business items, and the second addition is to add Business Item I related to a
borrowing ordinance.
The motion carried.
3. CITIZENS COMMENTS
Robert McGee spoke to employee vaccinations. He voiced his concerns and asked Council to respect
people's medical privacy and choices. Vaccines don't stop spread or stop you from getting it. Could
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hinder getting good applicants or the amount of qualified people applying for positions. It could also
have a discriminatory aspect as more qualified people could get overlooked.
Shaun Williams also voiced his concern with vaccine mandates and said requiring a medical
procedure that not everyone can get is a violation of RCW 49.60.030 and the 19th title of the Civil
Rights Act. He spoke to lawsuits in other states and pending lawsuits in Washington.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 82743 through 82839 including bank drafts in the amount of
$1,143,456.70 and EFT's in the amount of $145,001.98 totaling $1,288,458.68.
B. Approval of Payroll Check Nos. 82737 through 82742 including bank drafts and EFT's in the
amount of $254,586.04 and Direct Deposits in the amount of $189,902.78 totaling $444,489.82.
C. Approval of an Interlocal Agreement with Kitsap County Public Works Regarding Traffic Signal
Repair and Maintenance (Contract No. 092-21)
D. Amending Ordinance 002-21 with the Washington State Department of Transportation for the
Citywide Street Lighting Study (Ordinance No. 002-21-A)
E. Approval of the September 14, 2021, City Council Meeting Minutes
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to approve the consent
agenda.
The motion carried.
S. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
EXECTIVE SESSION
At 6:40 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to
RCW 42.30.110(1)(i) to discuss legal risks associated with a potential action by the Council. City
Attorney Archer and HR Manager Lund were invited to attend, and City Attorney Archer noted action
will follow.
At 6:50 p.m., Mayor Putaansuu extended the executive session an additional 10-minutes.
At 7:05 p.m., Mayor Putaansuu extended the executive session an additional 5-minutes.
At 7:10 p.m., Mayor Putaansuu reconvened the meeting back into session.
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MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the
agenda as amended.
The motion carried.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Title 20 Legislative Shelter
and Housing Requirements
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance
amending POMC 20.12 and 20.39.040 to define indoor emergency shelter, indoor emergency
housing, permanent supportive housing, and transitional housing uses, and to allow these uses as
conditional uses in certain zones as presented in the ordinance.
The motion carried.
(Ordinance No. 043-21)
B. Adoption of an Ordinance Amending Port Orchard Municipal Code Title 20 Congregate Living
Use
MOTION: By Councilmember Chang, seconded by Councilmember Diener, to adopt an ordinance
amending POMC 20.12 and 20.39.040 to define the congregate living use and allow it as a
conditional use in the R2 zone.
The motion carried.
(Ordinance No. 044-21)
C. Adoption of an Ordinance Reclassifying the Property Located SW of the Intersection of
Sedgwick/Glenwood Road SW and Glenwood Rd SW from Commercial Mixed Use to
Industrial Flex
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance
granting approval of the site -specific rezone from "Commercial Mixed Use" to "Industrial Flex" for
the property located at the southwest of the intersection of Sedgwick/Glenwood Road SW identified
as Assessor Parcel Number 102301-4-023-2001.
The motion carried.
(Ordinance No. 045-21)
D. Adoption of an Ordinance Repealing Port Orchard Municipal Code Chapter 6.20 Regulating
Single -Use Plastic Bags Due to Washington State Preemption
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MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt an ordinance
repealing Port Orchard Municipal Code Chapter 6.20 prohibiting single -use plastic bags due to state
preemption.
The motion carried.
(Ordinance No. 046-21)
E. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right -
of -Way, the Southern Portion of Unopened Harrison Avenue
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to adopt a Resolution
setting a Public Hearing for October 26, 2021, at 6:30 PM, on a petition from Noel Larsen and Dena
Larsen to vacate a portion of unopened right-of-way, Harrison Avenue.
The motion carried.
(Resolution No. 067-21)
F. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right -
of -Way, the Northern Portion of Unopened Harrison Avenue
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt a Resolution
setting a Public Hearing for October 26, 2021, at 6:30 PM, on a petition from Dana Harmon and John
Phillips to vacate a portion of unopened right-of-way, Harrison Avenue.
The motion carried.
(Resolution No. 068-21)
G. Approval of Amendment No. 2 to Contract No. 075-20 with Rice Fergus Miller, Inc. for the 2020-
2021 City Hall Improvement Project -Additional Design Scope
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to authorize the
Mayor to execute Amendment No. 2 to Contract No. C075-20 with Rice Fergus Miller, Inc. for the
2020-2021 City Hall Improvement Project —Additional Design Scope in an amount of $39,090.
The motion carried.
H. Approval of Personnel Policy Update for COVID Vaccination as a Condition of Employment
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve revised
Personnel Policy 2.4 "Eligibility for Employment", as presented to require new employees, effective
October 1, 2021, to have received at least one dose of the COVID-19 vaccination priorto employment
and as a condition of employment receive the second dose within 30 days, unless they have an
approved medical or religious exemption.
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In response to Councilmember Ashby, HR Manager Lund said we do not require new employees to
have any other vaccinations.
City Attorney Archer explained federal directives that may come within the next few months
regarding vaccinations and testing.
Councilmember Diener spoke in favor of this update.
Councilmember Cucciardi and Chang voiced concerns with this update.
The motion failed. Councilmembers Chang, Ashby, Cucciardi, and Rosapepe voted no.
I. Adoption of an Ordinance Authorizing the Mayor to Enter a Letter of Credit with Kitsap Bank
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve an
ordinance authorizing the Mayor to enter into a Letter of Credit in the amount of $18,000 related to
the Community Events Center project.
The motion carried.
(Ordinance No. 047-21)
8. DISCUSSION ITEMS (No Action to be Taken)
There were no discussion items.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Rosapepe reported on the September 22"d Land Use Committee meeting.
Councilmember Clauson reported on the September 2151 Finance Committee meeting.
Councilmember Ashby reported on the September 28th Transportation Committee meeting. She also
reported on the Puget Sound Regional Council Executive Committee meeting, the Kitsap Regional
Coordinating Council, and the Regional Transportation Planning Organization.
Councilmember Lucarelli reported on the September 22"d Sewer Advisory Committee meeting and
the Kitsap Economic Development Alliance retreat.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Association of Washington Cities Mayor's Exchange;
• Worker's Comp Retro Board; and
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• Kitsap Public Health Board meeting and COVID updates.
11. REPORT OF DEPARTMENT HEADS
Finance Director Crocker reported a contract for IT Services will be brought to the next Council
meeting.
City Clerk Rinearson reported the City is now accepting lodging tax applications for 2022 tourism
marketing and marketing of operations of events.
Police Chief Brown voiced his appreciation to his professional administrative staff and thanked
Council for taking the next steps to redesign the police department.
12. CITIZEN COMMENTS
Robert McGee said something needs to be done about executive sessions scheduled during a
meeting as they are disrespectful to the community. It is not transparent. Secondly, he spoke to
receiving information regarding the cost and increase in connections fees.
Shaun Williams said guidance from the federal government regarding vaccines is not likely to come.
He also spoke to mandates, court cases, and legal risks.
Heidi Fenton is glad Mayor Putaansuu thinks it is harmful for the small businesses to go under a
vaccine mandate. Also, she would appreciate everyone giving a report as some people do not get the
information. Lastly, she believes from the beginning of the meeting and at the end of the meeting,
constituents should be able to talk about anything they want.
Randy Jones asked about the proposed government campus, and if the City is willing to stand up for
property owners who do not wish to sell and/or eminent domain?
GOOD OF THE ORDER
Councilmember Clauson noted he, and Mayor Putaansuu, will be meeting with the Federal Transit
Administration's administrator and staff on Thursday.
Councilmember Rosapepe reminded everyone to get their flu shot.
Councilmember Lucarelli clarified that she gave her report at the last meeting which was recorded.
13. EXECUTIVE SESSION
Executive session was held earlier in the meeting.
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14. ADJOURNMENT
The meeting adjourned at 8:38 p.m. No other action was taken. Audio/Visual was successful.
Bra dy Rinea on, NWC, City Clerk
Robert Putaansuu, Mayor