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Home My WebLink About10/20/2021 MINUTESCITY COUNCIL VIRTUAL MEETING MINUTES Wednesday, October 20, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, October 20, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy, and Leslie Daugs. Council Member Pat Sullivan was absent. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen. President Gorman announced that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting a virtual meeting, which will remain in effect until further notice... MAYOR'S REPORT — Mayor Wheeler... • Provided a COVID-19 Health Update from the Kitsap Public Health District; • Established the first two dedicated parking stalls will be located at 4th & Park for the Kitsap Transit Van Pool Incentive Pilot Program; and • Notified the public of a safety improvement project in place at 15th Street & Corbet Drive PUBLIC RECOGNITION Comments were provided by Roy Runyon. Bret Burkhart; Anna Mockler,- and Melissa Watkinson CONSENT AGENDA 4A — Claims & Check Register: Check Numbers 395415 through 395667; and Electronic Fund Transfers V33862 through V33947 in the grand total amount of $4,721,644.25; and Regular Payroll (for Payouts) for pay period ending September 30, 2021 in the amount of $4,879.13 4B — Minutes of Meeting — October 6, 2021 4C — Minutes of Study Session — October 13, 2021 4D — Amend Term of Reappointment for Will Maupin to the Bremerton Housing Authority Board of Commissioners 4E — Purchase of NEOGOV Onboard E-Forms and Programs 4F — Change Order No. 14 with Active Construction, Inc. for Kitsap Lake Elementary Safe Routes to School Project; and related Budget Adjustment 4G — Purchase of 2022 International Navistar HV Cab and Chassis from RWC Group, Ltd. 4H — Purchase of a Stainless -Steel Dump Body, Biosolids Spreader Attachments and other associated equipment from The Fab Shop 4I — Ordinance No. 5433 repealing Chapter 9.18 of the Bremerton Municipal Code entitled "No Smoking Signs" Questions and comments from the public were received by Roy Runyon and Joseph Timothy Redal; with responses provided by City Attorney Kylie Finnell... 5:53 M/S/C/U (Daugs/Goodnow) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARINGS — Due to technical difficulties, Item 5B was heard first... 5B — PUBLIC HEARING ON ORDINANCE NO. 5434 ADOPTING 2021 COMPREHENSIVE PLAN AMENDMENTS; AND ORDINANCE NO. 5435 ADOPTING ASSOCIATED ZONING CODE AMENDMENTS: Planning Manager Garrett Jackson emphasized that the action before the City City Council Reg. Mtg. Minutes Wednesday, October 20, 2021 Page 2 of 5 Council is to conduct a public hearing for the 2021 Comprehensive Plan Docket and associated zoning code amendments. This action is implemented with two ordinances as follows: 1. Ordinance No. 5434 amends the Comprehensive Plan text to reflect the 2021 amendments 2. Ordinance No. 5435 amends the Zoning Code text to maintain consistency with the amended Comprehensive Plan President Gorman explained the purpose of this Public Hearing is to accept public comment... Questions and comments from the public were received by Joseph Timothy Reda/, Faye Flemister, Bret Burkhart, Anna Mockler, Shawn Cupples, Roy Runyon, and Jerri Eckmann; with responses provided by Mr. Jackson... With no further questions, President Gorman closed the hearing to the public, and opened discussion to the Council... 6:47 Motions to pass both Ordinance 5434; and Ordinance No. 5435 were made by Goodnow; and seconded by Dennehy... Questions and comments on both Ordinance 5434 and Ordinance No. 5435 were provided by Goodnow, Dennehy, Daugs, Simpson, and Younger; with responses provided by Mr. Jackson and Department of Community Development Director Andrea Spencer... Council Member Goodnow temporarily left the meeting at approx. 7:10 PM... 7:12 M/S/C/U (Goodnow/Dennehy) Move to pass Ordinance No. 5434 adopting 2021 amendments to the Comprehensive Plan text. (Goodnow was absent from the vote...) 7:13 M/S/C/U (Goodnow/Dennehy) Move to pass Ordinance No. 5435 adopting text amendments to Bremerton Municipal Code Title 20, Zoning Code, to be consistent with the 2021 Comprehensive Plan amendments. (Goodnow was absent from the vote...) 5A — PUBLIC HEARING ON RESOLUTION NO. 3341 APPROVING THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME FUNDING RECOMMENDATIONS FOR INCLUSION IN THE 2022 CDBG/HOME ACTION PLAN: CDBG Program Administrator Sarah Achaoui summarized that on June 16, 2021 City Council approved the 2022 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee (PRC) has developed the 2022 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City's Annual Action Plan. President Gorman explained the purpose of this Public Hearing is to accept public comment... Questions and comments from the public were received by Shawn Cupples and Roy Runyon; with responses provided by Ms. Achaoui... Council Member Goodnow returned to the meeting at approx. 7:29 PM... With no further questions, President Gorman closed the hearing to the public, and opened discussion to the Council... 7:35 Motion was made by Daugs; and seconded by Goodnow... Questions and comments were provided by Daugs; with responses provided by Ms. Achaoui ... 7:40 M/S/C/U (Daugs/Goodnow) Move to pass Resolution No. 3341 approving the 2022 funding recommendations to be included in the 2022 Action Plan to HUD, allocate a portion of the City's ARPA funding; and authorize the Mayor to finalize and execute the agency grant agreements with substantially the same terms and conditions as presented. City Council Reg. Mtg. Minutes Wednesday, October 20, 2021 Page 3 of 5 GENERAL BUSINESS 6A — PROFESSIONAL SERVICES AGREEMENT WITH RIVER OAKS COMMUNICATION FOR CABLE SERVICES PUBLIC SURVEY, COMMUNITY NEEDS ASSESSMENT AND FRANCHISE RENEWAL LEGAL SERVICES: BKAT Public Access Manager Jon Rauch stated that the 10-year Franchise agreement between the City of Bremerton and Comcast is scheduled to expire July 3, 2023 and per Section 626 of the 1984 Cable we have begun the renewal procedure. The required renewal procedure includes the identification of new community cable telecommunication needs, PEG access review, and a finance review. The process then moves on to negotiation of a new Franchise agreement. This renewal is expected to address the impacts of FCC Order 19-80 capping the Franchise fee at 5% and allowing the market value of governmental lines to be reduced from the Franchise fee. For this reason and to facilitate the necessary community outreach we have engaged with River Oaks Communication and propose a service agreement to use their expertise in this area. Questions and comments from the public were provided by Shawn Cul&/es, Roy Runtron, and Joseuh Timothy Redal, with responses provided by Mr. Rauch; President of River Oaks Communication Corporation Tom Duchen, and Vice President of River Oaks Communication Bob Duchen... 7:66 Motion was made by Younger, and seconded by Goodnow... Questions and comments were provided by Younger, Goodnow, and Daugs; with responses provided by Tom Duchen and Mr. Rauch... 8:02 M/S/C/U (Younger/Goodnow) Move to approve the Professional Services Agreement with River Oaks Communications; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 613 — 3RD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BMCCONSULTING, LLC FOR LOBBYING SERVICES: Contracts Administrator Melinda Monroe explained that on October 30, 2018 the City entered into a consulting agreement with BMcConsulting LLC. to provide lobbying services through June 30, 2019. In 2019 the first amendment to this agreement extended services to June 30, 2020. In October 2020, the City issued the second amendment extending the agreement to June 30, 2021. The City has again determined that they would like to extend this agreement another year and are issuing a 3rd amendment to align this agreement with our budget year, which extends the term of the contract through December 31, 2022. Payment is to remain the same for the same monthly period as stated in the original agreement, not to exceed $54,000 annually. As this amendment typically has a mid -year termination date, this will mean an additional amount of $24,000 through the end of 2021 via a budget adjustment is also requested. Comments from the public were provided by Roy Runyon and Joseph Timthz Redal... 8:06 Motion was made by Daugs and seconded by Younger... Comments were provided by Daugs, Younger, Dennehy, Simpson, Goodnow, and Gorman... 8:17 M/S/C (Daugs/Younger) Move to approve the 3rd amendment with BMcConsulting LLC term extension; and related 2021 budget adjustment in the amount of $24,000 and $54,000 in the pending 2022 budget; and also authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. Voted in favor of Motion: Younger, Daugs, Dennehy, Goodnow, Gorman Voted opposed to Motion: Simpson Motion carried: 5-Yes; 1-No City Council Reg. Mtg. Minutes Wednesday, October 20, 2021 Page 4 of 5 6C — WASHINGTON STATE RECREATION AND CONSERVATION OFFICE (RCO) FUNDING BOARD PROJECT AGREEMENT FOR THE HADDON PARK RENOVATION PROJECT: Parks & Recreation Director Jeff Elevado summarized that the attached Funding Board Project Agreement will provide $850,000 to assist in the renovation of Haddon Park. Improvements include ADA accessible pathways and parking, new restroom, new accessible playground, new picnic shelter, and upgrades to the sports court. Questions and comments from the public were provided by Shawn Cugples, Roy Runyon, and Joseph Timothy Reda/; with responses provided by Mr. Elevado... 8:29 Motion was made by Daugs and seconded by Dennehy... Questions and comments were provided by Daugs, Dennehy, Simpson, Younger, Goodnow, with responses provided by Nr. Eh ado... 8:38 Amending Motion was made by Simpson to remove the permanent bathroom structure and replace it with Porta Potty. The amending Motion died due to the lack of a Second. 8:43 M/S/C (Daugs/Dennehy) Move to authorize the Mayor to enter into the Funding Board Project Agreement with the State of Washington Recreation & Conservation Funding Board for the Haddon Park Renovation Project; and to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Daugs, Dennehy, Goodnow, Younger, Gorman Voted opposed to Motion: Simpson Motion carried: 5-Yes; 1-No 6D — PUBLIC WORKS AGREEMENT WITH STRIPE RITE, INC. FOR THE 2021 PAVEMENT MARKING PROJECT: Managing Engineering Shane Weber stated that the City bid the project using the MRSC Small Public Works Roster, opening bids on September 15, 2021 and two bids were received. Stripe -Rite Inc., is the lowest, responsive responsible bidder with their bid of $ 221,852.50, including sales tax. The project maintains pavement markings, including long line markings, raised pavement markings, and plastic markings on several streets Citywide. Questions and comments from the public were provided by Joseph Timothy Reda/, Rok Runyon, and Shawn Cupples; with responses provided by Mr. Weber... 9:00 Motion was made by Younger and seconded by Daugs... Comments were provided by Council Members...; with responses provided by Mr. Weber... 9:03 M/S/C/U (Younger/Daugs) Move to approve the Public Works Agreement with Stipe-Rite, Inc. for the 2021 Pavement Marking Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. President Gorman called a break from 9:05 to 9:10 PM... 6E — ORDINANCE NO. 5436 REPEALING SECTION 9A.44.110 OF THE BREMERTON MUNICIPAL CODE ENTITLED "AGGRESSIVE BEGGING": Assistant City Prosecutor Maureen McKeeman explained that the current provisions of Section 9A.44.110 of the Bremerton Municipal Code relating to Aggressive Begging are no longer in compliance with legal requirements. The City Council desires to repeal provisions relating to Aggressive Begging in order to remove the provision from the Bremerton Municipal Code and bring Chapter 9A.44 of the Bremerton Municipal Code into compliance with legal requirements. Comments from the public were provided by Rov Runyon... City Council Reg, Mtg. Minutes Wednesday, October 2O'2U21 Page 5of5 914Mo8on was made byDuugsand seconded byDenne�...Questions and comments were provided bvDeuga [)onnnhv and Simpson; with responses provided bv ... 9:18 [N/GXC/U ([)augo/0ennehv) Move to approve Ordinance No. 5436 repealing Section 9A.44.110 ofthe Bremerton Municipal Code entitled "Aggressive Begging." 6F — PUBLIC WORKS AGREEMENT WITH DOUBLE D ELECTRICAL, INC. FOR POLICE FACILITY GATE REPAIRS AND REPLACEMENT: Internal Services Manager Chris Moftner stated that on October 7, 2021 Mayor Wheeler and the Public Works Director approved an Emergency Determination to repair the gates at the Police Facility at 1025 Burwell Street that were damaged during a recent vehicle accident. Double D Electric, Inc. was contacted to perform the repairs due to their expertise in this type of work, and the City's past experience with this company. Due to safety and security concerns, these repairs are being expedited. 9:22 Motion was made by Dennehy and seconded by ... Questions and comments were provided by Dennehy and Daugs;with responses provided by Ms. Finneli and .. 9:25 K4/G/C/U (Dennehy/Simpson) Move to approve the Public Works Agreement with Double D Electrical, Inc. for the gate repairs and replacement at the Police Facility in the amount of $20'811.5Oincluding Washington state sales tax; and authorize the Mayor Lofinalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Michael Goodnow wished everyone aHappy Halloween and urged everyone toget out and vote! Leslie Daugs also reminded everyone to vote; and wished Legislative Office Manager Lori Smith (0e!)aHappy Birthday! President Gorman established that Council meetings would continue to be held remotely until further notioa, including the Budget Workshops on C)ctober25' October2O' and November 1 (each beginning at 3:00 PM); and the next Study Session on October 27 beginning at 5:00 PM. With no further business, President Gorman adjourned the Council Meeting at 9:30 PM Prepared and Submitted by: U]R|8K4|TH Legislative Office Manager APPROVED by the City Council onthe 3rdday ofNovember, 2O21. KEVIN GORMAN, City Council President Attest: