City Council - Regular Meeting

I'd like to welcome you and call to order the Port Orchard City Council regular meeting for Tuesday, August 11th. And if you would please stand and join me in the Pledge of Allegiance. And Council, in the actions you're about to take this evening, I'd like to remind us all of our guiding principles, which are, are we raising the bar in all of our actions? Are we honoring the past but not living in the past? Are we building positive connections with our community and outside partners? And is the decision-making process building a diverse, equitable, and inclusive community? We have a published agenda. I think we've got a few amendments. Council Member Trenary, I think we've got them handled here, so if you mind proposing the first.

Well, I'll hope that I've got them handled. Mr. Mayor, I'd like to move consent agenda item F From the consent agenda actually, I think you want to add the downtown grant first since that was published on the agenda So we know the alphabet in the proper order gotcha Okay, so we'll go with a add to a business item D the downtown grant application some of the This was a late arrival onto the agenda and we want to just make sure everyone has that proper agenda here at the dais and and out in the public and

and then i would like to take a consent agenda so let me do this one at a time so i've got a motion to add a business item d which was published uh this afternoon on the agenda system so second okay we have a motion and a second to add business item d approval of a downtown building grant application all in favor of adding that business item please say aye aye is everyone opposed Now that business item has been added. Council Member Trenary, go ahead.

I'll go again. I'd like to move consent agenda item F to business item E. Second.

That is moving the council meeting work study meeting from July 21st from consent to business. Motion and a second. All in favor, please say aye.

Aye.

One opposed. Hearing none, that has been added. Are there any other proposed amendments to this evening's agenda? Is there a motion to approve the agenda? Councilmember Rospepe.

I move to approve the agenda as amended.

Second. Motion by Councilmember Rospepe, second by Councilmember Deener to approve the agenda as amended. All in favor of approving the agenda, please say aye.

Aye.

Any opposed? Hearing none, the agenda has been set for this evening. Before we get to our first citizen comment period, we do have a public hearing this evening regarding the McCormick Urban Village Open Space Mitigation Development Agreement. If you're here to speak on that, please don't speak in public comment. We want to hear your remarks during the public hearing portion of the meeting. So now we are at our citizen comment period. Citizens are allowed three minutes to address the council, and please be mindful of the timer. It will flash red when your time is up.

Hi, I'm Tawny Cowan, founder of Port Orchard Politics Facebook group and a journalist, but tonight I'm just here as a citizen. Ms. Mitchell, I'd love to welcome you to city council. And I think that I've read your resume and I think that you have a lot of good ideas. And so I watched your interview and I liked listening to some of the things that you said. The rest of what I'm about to say doesn't really apply to you. Mr. Trenary, on June 16th at the executive session that you guys have waived privilege on, when you brought up the punishment of resignation before Heidi even got into the room, Councilmember Dedmon started breaking Robert's rules of order, but getting upset because she thought that the law was broken. At that point right then, the law was being broken. We need it in front of a judge. And that's where I stand on that. It's a criminal aspect because it's a misdemeanor. So I've asked the community to reach out to have that prosecuted. That does not solve, what you guys have done does not solve that question of whether or not that move was legal. My second thing on this is that I would like to have something happen to City Attorney Archer because she keeps breaking Robert's Rules of Order in these open public meetings and I'm watching her do it and nobody's calling her on it and I don't understand and I have respect for Ms. Archer in her position but when she character assassinates one of the council members that's beyond what her job duty is and she's done it in several meetings and this case, it just gets to her, I can see it. But she lets that professionalism slip and absolutely none of it is enforced with Robert's Rules of Order. However, Ms. Dedman gets the Rules of Order all the time because she interrupts, but she never once assassinates anyone's character. So I'd like to see that change in future meetings.

Thank you for your comments. Is there anyone else wishing to address the Council this evening?

My name is Heidi Fenton, and I'm standing before you as the rightful holder of city council position five. I know you all want to point to that letter from outside council and say, Heidi, but it says you resigned. But I will repeat, and I did not resign. I never intended to resign. Behind those closed doors, I repeated again and again, no, I will not resign. But you wouldn't take no for an answer. That meeting should have ended right then and there. Actually, that meeting should have ended as soon as you all started deliberating on asking me to resign, all without due process. And why? To steal my seat. My so-called oral resignation was orchestrated even before I walked into that closed-door meeting. The very next morning, I sent an email clarifying that I had not resigned, and yet you still notified the public of my resignation and issued a public statement defaming my name. Why? To steal my seat and steal the people of Port Orchard's vote. In my opinion, this is official misconduct. The people deserve better. They deserve a transparent government that elected officials chosen by the people are not by the five councilmen who took it upon themselves to vacate my seat. We need justice. and to stop this corruption and to restore the people's vote. Thank you.

Fair comment. Is there anyone else wishing to address the council this evening?

We're fighting for last place.

I'm sorry, my name is Fred Chang. I live at 319 Sydney Avenue, and I just had three or four things, depending on the time. I wanted to actually compliment the Council on having probably the most transparent nomination process. I've sat through three of them. This one was very interesting being on the outside, but I appreciated being able to be in the same room with the applicants. And I was really impressed by how consistent you were by asking pretty much the same questions, because I know that you tried to make it as fair as possible. I do wish that you'd been able to see everyone the same night, but I know that that would have been a very long night. And I think I was also impressed by your deliberation. I was really it was very interesting I enjoyed hearing about the concern about the districts and I think it's a discussion that council may want to deliberate further at another time There is of course Bremerton that has districts I don't know that they're the best example and then there's Bainbridge Island with their wards probably not another great example I don't know what Paulsville does but I think it's something good that you're addressing even if you stay with the status quo and

Let's see.

And one of you brought up a very, very good point that's close to my heart, which is why did Kitsap County decide that they could clip the wings of some of their employees who are also electeds of different municipalities? People with a lot of time on their hands might want to do a public disclosure request of Kitsap County and find out what justification they have to do that and if it was decided by electeds. I have a feeling that the commissioners did not buy off on it, that it was just decided by department heads. But I think the fact that you brought it up is very important because you already have two council members that are encouraged or forced or whatever to recuse themselves from issues that involve Kitsap County, which leaves you with five. If you had had another one, that would have been three people recusing themselves. And if you ever needed a super majority of five, we would have been screwed. So I think that's a really important point. And I hope you guys are following up on that. Let's see what else. I want to also commend the city clerk staff for having a, oh, I'm running out of time, a very friendly public disclosure process as opposed to the county. The county actually asked me, told me that I hadn't specifically asked for a specific record, which is not the way you give good customer service. And as a PS, you guys might want to consider looking into things like Instagrams and I hate to say it, TikTok and Snapchat. I'm hearing that the new generation, you know, people just starting to vote are not on Facebook. So once again, thank you for your time and have a good meeting.

My name is Adam Knutson. Good evening, Mayor and Council Members. I am Realtor of Federal Ketam 418CV04230SLDJEH, a multi-billion dollar whistleblower case against American International Group. I have faced criminal charges here in Kitsap County because of Portland Police Department and the DA, Chad Enright. I recorded and documented AIG lawyer Michael Thomas of Thomas Quinn Law, acknowledging that American firefighters were in Iraq in 2014. The key, Tam, it's about fraud against the military that resulted in the deaths of 1,700 US allies. These brave men were betrayed unarmed because of my employers, Kellogg, Brown, and Root. January 2nd, 2014, as ISIS overran Ramadi and Fallujah, ISIS enclosed, and only the contractors were relocated from Camp Spiker to Crit to Camp Andikon to Balad. The key Tam that I had mentioned, it is the camp Spiker massacre whistleblower case. This is public information that it did in fact occur and that Americans as well as the United Kingdom were in Iraq in 2014. I put my life on the line to speak about this whistleblower case. I did in fact record AIG lawyers, Michael Thomas of Thomas Quinn law, as well as DBA lawyer, Thomas Barnes of the Barnes Law Firm, as well as the Department of Labor, acknowledging that me and my fire crew were in Iraq in 2014, passed the breach of contract. I had every right to document and record federal whistleblower retaliation. The lawyer who filed this case, the key tam, Joel Androffi from Bergen Androffi Law, he is dead. I've been trying to get my son into federal whistleblower retaliation. Protection, I'm a father of a child here in Kitsap County. For this recording, I was incarcerated. The first charge I ever caught here in Kitsap County, it was intercepting private communications signed off by Judge Claire Bradley. I was incarcerated for this. During that time, Sarah Yons, the daughter of prominent Judge Jeffrey Yons here in Kitsap County, who is the prosecuting attorney, she committed perjury to then order what they call a competency evaluation which has then derailed the key tam the largest whistleblower case in american history has been derailed because of the arrogance of the d.a chad enright now i have a letter here from port orchard pd where they state that that recording that I made was illegal. I'm challenging Chief Brown to come here, as well as his right hand, because this is the gentleman that claimed he did the investigation on this. I'm going to reference the number here, D26000960. It's an incident report with Porter Street PD for official note on the record that can be discovered for the federal habeas corpus. Because of their investigation, I am asking that Chief Matt Brown, that he comes here and places a recording and explains to the public, to the community, what was criminal about it. Because of these charges, I cannot finalize the KETAM or Open Defense Base Act cases with American International Group. What me and my lawyer are alleging is- Sir, your time is up this evening. Understood. If you'd like to know more, petition Rico Blackrock, where you can look me up, Firefighter 360. Thank you all for your time. Thank you for your comments.

Is there anyone else wishing to address the council this evening? Seeing none, so I will close the first citizen comment period. We have an amended consent agenda.

I'm sorry, Mayor, do you want to offer the members of the public?

I'm sorry, is there anyone online? Please use the raise your hand feature and the clerk would bring you into the meeting. Do you have anyone, Brandi? Okay, sorry about that, I missed that. And so we will now close the first citizen comment period. We have an amended consent agenda. Is there a motion to approve that agenda? Council Member Morrissey, go ahead.

Mr. Mayor, I move to approve the amended consent agenda.

Second. Motion by Council Member Morrissey, second by Council Member Deener to approve the amended consent agenda. All in favor, please say aye.

Aye.

Is there anyone opposed? Hearing none, the consent agenda has been approved. Our next order of business is a public hearing, and it's a public hearing related to the McCormick Urban Village Park and Open Space Mitigation Development Agreement. Mr. Bond, this is you.

Yes, good evening, Mayor and members of Council. BEFORE THE CITY COUNCIL IS A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK COMMUNITIES LLC ESTABLISHING A FRAMEWORK FOR PARKS AND OPEN SPACE MITIGATION WITHIN SEVERAL PLANNING AREAS IN THE MCCORMICK URBAN VILLAGE THE AGREEMENT WOULD AUTHORIZE A WAIVER FROM PLANNING AREA LEVEL RECREATION AND OPEN SPACE REQUIREMENTS IN EXCHANGE FOR MCCORMICK CONSTRUCTING A NEW REGIONAL PARK IN PLANNING AREA F implementing enhanced reforestation across designated planning areas and completing re-landscaping improvements to two open space tracks in the Eldon Trails neighborhood. The agreement is intended to support a coordinated regional approach to parks and open space by leveraging amenities already provided in the McCormick Urban Village. It maintains underlying zoning density standards and park impact fee obligations while establishing clear standards for design, permitting and maintenance of the required mitigation improvements. Additionally, the agreement outlines timing, responsibilities, and conveyance requirements to ensure long-term maintenance of park facilities through the Homeowners Association where applicable. THE APPLICANT, MCCORMICK COMMUNITIES LLC SUBMITTED A DEVELOPMENT AGREEMENT APPLICATION ON JUNE 11, 2026, AND THE APPLICATION WAS PROCESSED CONSISTENT WITH THE PROCEDURES AND STANDARDS CONTAINED IN THE MUNICIPAL CODE AS WELL AS THE APPLICABLE PROVISIONS OF STATE LAW. THE PROPOSED AGREEMENT REFLECTS THE OUTCOMES OF THE REVIEW PROCESS AND INCORPORATES THE PROVISIONS NECESSARY TO ENSURE COMPLIANCE, ENFORCEABILITY, AND ALIGNMENT WITH THE CITY'S ADOPTED PLANS AND REGULATIONS. TAKEN TOGETHER, THE AGREEMENT PROVIDES CLARITY AND PREDICTABILITY FOR BOTH THE CITY AND THE DEVELOPER RE It formalizes a mechanism for implementing improvements that supplement existing regional systems, reduce fragmentation of open space facilities, and enhance the overall functionality and usability of parks and trails serving current and future residents. This agreement was reviewed under SEPA and a DNS was issued. There are several comments that were received under the SEPA comment period that were in your packet. And this public hearing was noticed in accordance with the municipal code on August 11th. Tonight's hearing was noticed in accordance with the municipal code. And we have not received any additional comments since the packet went out late last week. Staff recommendation is to hold a public hearing on the proposed development agreement.

Thank you, Mr. Bond. At this time, I will open the public hearing related to the McCormick Urban Village Park and Open Space Mitigation Development Agreement. Anyone wishing to testify on this matter, please step to the microphone and provide your testimony.

Good evening. My name is Steve Lambert, and I'm a resident of McCormick Woods. I'd actually like some clarification. From what I've understood, the debate was either have multiple smaller parks or larger regional parks. Is that a correct evaluation?

So we'd normally just take testimony. Would you like me to?

I think in this case it'd be appropriate to answer that question.

So St. Andrews Park is shown on Exhibit F in the City Council packet. That park was part of the original McCormick Woods master plan. However, it is not IT IS NOT CURRENTLY A REQUIREMENT ASSOCIATED WITH ANY OF THE SIX REMAINING PHASES. IT WAS INTENDED TO BE DEVELOPED WITHIN McCORMICK WOODS. THE AGREEMENT IS ENSURING THAT THAT HAPPENS AND IT IS HAPPENING WITH MORE AMENITIES THAN WHAT WERE ORIGINALLY ENVISIONED. THE CITY'S CODE WAS AMENDED IN THE LAST FEW YEARS TO ADD THIS ON ADD OPEN SPACE REQUIREMENTS WITHIN EACH SUBDIVISION. SO THERE'S SIX SUBDIVISIONS EACH WOULD HAVE TO PROVIDE A SMALL PIECE OF OPEN SPACE BUT IT DOESN'T HAVE TO HAVE AMENITIES IT COULD HAVE JUST A BENCH AND MAYBE SOME SOME LANDSCAPING. AND SO THE IDEA HERE IS THAT YOU'RE BUILDING ONE REGIONAL FACILITIES SIMILAR TO DEER PARK OR MARY MCCORMICK PARK THAT ARE ALREADY WITHIN MCCORMICK WOODS AND THAT IS AVAILABLE TO RESIDENTS OF THESE SIX AREAS TO COME AND USE.

Thank you very much for the clarification.

Anyone else wishing to testify on this matter?

Hi, I'm Catherine Ander. I live in McCormick Trails. I volunteer with Kitsap County Parks. I'm the park steward with my husband, Dan, for Coulter Creek Heritage Park, which abuts up against McCormick. So my public comment and request is that there are two parcels that are currently undeveloped land that abut up against the park, and if there's any When you request this, that McCormick includes as part of the trails and open spaces and adding to regional parks as an amenity. These two parcels have roads and trails that go directly into the park. There's almost, you can't even tell where the park boundary starts unless you see the sign. So it's contiguous. They're already there. They're simply undeveloped pieces of property. Those two parcels are 5706 and then the second one is 5706, 000, 280 and 0007. So I have talked with parks and I've also talked with the McCormick property folks and right now, Coulter Creek is undergoing a development plan so there's not any way to for the park to request this and specifically of mccormick but i wanted to put on public record that this would be a fabulous way to meet the goals of mccormick as well as our kitsap county public and continue with the fabulous trails we have for the for all thank you thank you for your testimony is there anyone else wishing to testify on this matter and if you're online and wish to testify use the raise your hand feature please

Is there one? Okay. Bring them into the meeting then. If you could identify yourself to the record when the clerk brings you in.

Hello, Mayor and Council. This is Wayne Wright. I live in McCormick Woods on Eldon Trails. I just wanted to make sure that a couple of things are pointed out. I went back and reviewed the parks plan from 2022, 2023, and the HOA amenities are fairly well documented, but they are not well described as privately maintained and privately operated for the community of McCormick Woods residents and their specific guests. The parks plan is not well laid out to define that difference and we want to make absolutely sure that the public understands that. Anything that happens in McCormick woods communities is for the McCormick woods community residents. I speak on behalf of. Pretty much everybody that I know out here that that's how we feel about it. If this, if the trail connects to anything else, that's not requirement with communities. We don't have parking. We don't have enforcement. We don't have the ability to maintain or the money to maintain things that are not ours. Mr. Bond mentioned that there's the HOA a couple times in his opening statement, but the HOA itself has not been privy to any of the discussions and negotiations in this agreement. So I want to make sure everybody understands on the City Council that whatever the developer does with these parks and these trails and these amenities, All portions of it become the responsibility of the. The has to maintain it, pay for it. Our dues go to that. It is not a public amenity and it needs to be very clearly defined in all public documents and all public documents that discuss this agreement. Going forward. So I just wanted to make these points very clear, make it very obvious and understanding where we're at. We want a good, vibrant community. But if we connect to the Coulter Creek Trail, we're going to see a major influx of people using our parking areas to access that Coulter Creek Trail, which we're not prepared to accommodate. So thank you for listening to me. I appreciate the opportunity to comment. Thank you.

Thank you for your testimony. Is there anyone else wishing to testify on this matter? Brandy has another one.

Good morning.

Go ahead, we hear you. Please identify yourself for the record.

Yes, my name is Greg Krabbe. I'm here this evening on behalf of McCormick Communities. And I thought I would address a handful of these comments and some of the written comments as well. in regards to uh wayne wright's concerns it is our intention that these parks all would be private i believe that that's spelled out clearly in the development agreement before council this evening so there's no issue there at least with this agreement in one of the written comments there was concerns about how the st andrews park would be enhanced and that the specifics were not mentioned in the development agreement. But in fact, they are. The original obligation for the St. Andrews Park was very vague, as Mr. Wright points out. In this new agreement, it's very specific. We will be providing pickleball courts, a covered picnic area, play equipment for different age groups, and a parking area. In addition, a dog walking area and a large green space. So this park is going to be a nice regional park. What we have found is that the regional parks with parking get used by the community more than the smaller parks. Now, what I'd also like to point out is that we are not waiving our obligation to provide open space. We will still be meeting the minimum open space requirements in the new preliminary plats. So people riding their bikes through the area can still pull over and find green spaces that they can enjoy. We just won't be activating those spaces as active open spaces. So we won't be adding benches, et cetera. And in none of those cases would we have added play equipment or sports courts. So I think overall the community is going to benefit by having this enhanced regional park. In addition to the regional park enhancement, we will be implementing a reforestation plan in the remaining development areas in McCormick Woods. Instead of the single tree obligation, builders will be obligated to plant a second tree. And that tree planting schedule includes larger coniferous trees. So, you know, the hope would be that over time, much of the forest or as much forest as can be expected for these types of development would resume. You know, I can't speak to the other comments regarding parcels being, you know, dedicated for access to Coulter Creek. Nobody has spoken to me about that, so I don't know exactly where these parcels are. If that person wants to talk to me, they're welcome to contact me. That's all I have.

Mr. Bond can get you that contact. Is there anyone else wishing to testify on this matter? I see no other hands raised. I don't see anybody rushing the podium. So I will close the public hearing. All right, we are to our business items now. The first of which is item A, an ordinance approving the McCormick Village Park and Open Space Mitigation Development Agreement. Mr. Bond?

All right, as this issue has already been summarized, I'll just jump to the staff recommendation, which is the staff recommends that the city council, after considering the testimony from the public, consider adoption of an ordinance approving the development agreement and authorizing the mayor to execute it. Council Member Orsi.

Mr. Mayor, I move that the City Council adopt an ordinance approving and authorizing the Mayor to execute the development agreement between the City of Port Orchard and McCormick Communities LLC for park and open space mitigation within the McCormick Urban Village as presented.

Second.

A MOTION BY COUNCIL MEMBER MORRISSEY, A SECOND BY COUNCIL MEMBER ROSAPEPE. ANY DISCUSSION OF THIS ITEM? AS THE MOTION MAKER, MR. MORRISSEY, GO AHEAD.

THANK YOU, MR. MAYOR. I WOULD LIKE TO READ A STATEMENT FROM COUNCIL MEMBER WARREN WHO PROVIDED ME ONE AHEAD OF TIME KNOWING HE WASN'T GOING TO BE HERE. HE HAS AN EXCUSED ABSENCE. as he had a procedure this week. So thank you for allowing me to share my comments while I'm unable to attend tonight's business meeting. Currently, city code requires small active open space tracks in each new housing development. I have often compared pocket parks to bus stops. When they are being used, they are highly valuable. When they are not, they can become expensive assets that still require maintenance, insurance repairs, and eventual replacement. Communities and demographics also change over time. McCormick is currently processing entitlements for six new preliminary plots, each of which would require a private small park that would ultimately need to be maintained by the HOA. I agree that larger regional-style parks and other recreational facilities, such as the Multimodal Path, both existing and proposed, can better connect and serve the overall McCormick community while reducing the long-term burden on individual HOAs. McCormick is the largest community on the peninsula and already offers pocket parks throughout different neighborhoods. These parks provide valuable places for children and families to gather and play. However, I also like the idea of adding a park that invites community members of all ages to utilize and enjoy the space. I think the word regional is particularly important when discussing McCormick. This is about bringing several different neighborhoods together and providing a recreational amenity that serves the broader community The McCormick Master Plan has always been about providing as many positive community features as possible, and I believe this park accomplishes that by creating a space intended for everyone. I would also like to make a request that I have discussed with a couple of other council members. I believe it would be appropriate and helpful to update the city's park map to clearly identify which parks are public and which are privately owned and maintained. This could be as simple as using two different colors on the map. An HOA park is similar to an apartment complex park. It may satisfy development requirements and provide an important amenity, but it also remains privately maintained and carries private insurance and liability responsibilities. That is very different from a city-owned public park. For example, McCormick Village Park, which includes the splash pad, is a city park and is open to the public. Residents throughout Port Orchard should know that they are welcome to use it. I've heard from many people outside the west side of the city who mistakenly believe that park is private. A clearly identified map distinguished public parks from private HOA parks would be a simple improvement that could eliminate that confusion and help residents better understand the recreational opportunities available throughout our city. Thank you for allowing me to provide my comments. Mayor Redekop.

So I guess just to clarify, because a lot of people felt they have to make assumptions. Councilmember Dedman, is your microphone on?

There we go. Just because it sounds like a lot of people were saying we're making this assumption. So if we could get clarity as to I guess who will own and pay for this park would be good for the public to hear. I guess Director Bond if you can answer that.

Yeah this St. Andrews Park is going to be a private HOA owned park.

That's what the agreement that you're voting on says. Councilmember Deener.

So I too was thinking about updating our maps just to make it more clear and also I think when we have future discussions about communities it would be nice to to note whether it's a McCormick community or the community at large. So I think that confuses people a little bit too. Those are my comments. I look forward to a final product. It looks like a great park.

We, as you know, we just launched our new website and there's a whole lot of changes coming to that and that very well could be a future change that we implement as we continue to improve our website. Go ahead, council member.

mayor um i am very happy to be here and my first comments of uh as a city councilor will be regarding something in my neighborhood i personally am very excited about this one of the things that i did want to make sure that was brought up this evening and i'm happy that director bonds and the other speaker in the public hearing brought up was just basically all the concerns that had been raised by some residents within the mccormick woods area And I think the only thing that wasn't really addressed was the surfacing of the playgrounds. But I would imagine that that's something that the HOA deals with and that would be the developers. So it is my goal moving forward as a council member that we try to make sure that we do incorporate those concerns as much as possible um just to make sure that we have a public forum to address them that way those same individuals who raise those concerns can go back in and watch the meeting and be like okay they care they answered my question so thank you for everyone who did that this evening as well so thank you for the comments

You'll be voting on an ordinance approving the McCormick Village Park and Open Space Mitigation Development Agreement. All in favor, please say aye.

Aye.

Any opposed? Hearing none, the agreement is approved. We are to item B now, adoption of a resolution approving the City of Port Orchard Water System Plan for 2024 through 2025. Mr. Ryan, this is you.

good evening mayor and council members the city has completed an updated water system plan that incorporates the work from the 2022 interim plan update and the subsequent subsequent reviews conducted by the department of health and department of ecology this update brings our water system planning demand forecasting water rights documentation and capital project planning into full alignment with current state's requirements and city's projected growth through 2042. Ecology identified no concerns and Department of Health approval will occur once the city formally adopts the plan. We do have a letter of intent for Department of Health adoption. This is a housekeeping item that just needed to come. It was approved last year. We're just formalizing that with council approval. And just to point out, too, that it does say the 2022 interim plan update. Department of Health was significantly delayed in review of these through COVID, so this was not finalized until 2024 and 2025. The updated plan evaluates our current and future water supply, storage, distribution capacity. It outlines the improvements needed to maintain reliable service as Port Orchard continues to grow. It also consolidates updated demand data, hydraulic modeling, conservation requirements, and long-term capital projects need in one comprehensive planning document. Approval is required for regulatory compliance and for the city to remain eligible for grants, loans, and other funding sources that support water system infrastructure. And I'm happy to answer any questions. And I did want to remind you that it's the 2022 plan update. The clock starts ticking. It's an every six year occurrence. Department of Health did not reset the clock, even though they were delayed because of COVID. So this is something that will become very new again in the next biennium, so.

Mayor Rospepe. Mayor, I move to adopt resolution

Just a reminder, there is a motion on the floor already. So the motion was made by Councilmember Dedman and second by Councilmember Rosa Pepe. The motion was I move to adopt a resolution approving the City of Port Orchard Water System Plan 2024 slash 2025 update and authorizing the mayor to execute all necessary documents for the final DOA approval. The amended motion at the last council meeting deferred it to tonight's meeting, which left the main motion on the floor.

Thank you, I was like, I didn't say anything. So I made the motion, that means I get to speak on it, right?

Yeah.

Great, fine. Okay, so mayor. I support making sure that Port Orchard has a safe and reliable and adequate water supply for our current residents and for future growth. I recognize that this water system plan addresses important infrastructure needs, and I appreciate the work that has gone into developing it. However, I have a concern about approving the plan as currently presented, specifically regarding to future plans for fluoridation and the proposed investment in fluoridation infrastructure. My concern is not simply whether fluoride has dental benefits. I believe that it is a question that deserves to be considered based on the best and most current scientific information. My concern is whether we, as a community, have actually made the policy decision to fluoridate all of the water supplies that this plan proposes to bring into the system. This is particularly important for the McCormick Woods community. Currently, the McCormick Woods water system receives water from wells that are not fluoridated. The water system plan, however, incorporates fluoridation into the treatment of future water sources, including wells 11, 12, and 13. In other words, infrastructure decisions being made today can result in residents who currently receive unfluoridated water receiving fluoridated water in the future. I believe that this is a significant policy change, not simply an engineering decision. Washington does not require fluoridation, and the Washington Department of Health explicitly says that the decision to fluoridate is a local community decision. Under state law, a water system considering starting or discontinuing fluoridation on a continuing basis must notify customers and the Department of Health at least 90 days before a vote or a decision. Yet, by adopting this water system plan as written, we would be approving the incorporation of fluoridation into these wells before the people who receive that water have had the opportunity to decide that they want fluoridation. To put it plainly, we would be making the decision to fluoridate through approval of this infrastructure plan, rather than first allowing the community to weigh in on whether fluoridation is something they want. If fluoridation is a local community decision, then I believe we should make sure our community has had the opportunity before we spend ratepayer dollars designing and installing permanent fluoridation equipment. I don't believe we should spend money first and ask the community afterward. If residents ultimately decide that they want fluoridated water, then we can move forward with the appropriate infrastructure knowing that we have made the decision with public input. But if residents decided that they do not want fluoridation, we could be spending public money on equipment that the community does not want to use. That doesn't seem like the best approach to responsible stewardship of taxpayer and rate payer dollars. I also have questions about fluoridite concentrations reported in the water system plan. The plan identifies 0.7 milligrams per liter as the fluoridation target, yet the consumer confidence report information included in the plan identifies a highest fluoride level of 0.86 milligrams per liter for both 2002 and 2003. I understand that 0.86 milligrams per liter is not the same thing as exceeding the regulatory maximum. The plan identifies a primary maximum contaminant level of four milligrams per liter and a secondary maximum contaminant level of two milligrams per liter. So I'm not suggesting that the reported 0.86 milligrams per liter constitutes a maximum contaminant level violation. but it is higher than the city stated 0.7 milligrams per liter target, and I believe we should understand why. Before approving additional fluoridation infrastructure, I would like to see the actual monitoring data Where those samples were taken, how often concentrations exceeded 0.7 milligrams per liter, what the average and maximum concentrations were, what the operational set point is, and what controls are in place to prevent concentrations from exceeding the intended operating range. I also believe we should understand the complete cost of fluoridation, not simply the initial equipment cost, but the ongoing costs of chemicals monitoring, maintenance, staffing, equipment replacement, and eventual decommissioning if the community later chooses not to fluoridate. Finally, I believe we owe our residents an honest discussion about the current scientific evidence. The city should be able to explain the benefits that are expected from fluoridation, the potential risks and total fluoride exposure, and what alternatives are available for promoting dental health. People should have access to that information before making a decision that affects everyone who receives their drinking water. I am not asking to ignore the need for improved water infrastructure. I am asking that we separate two decisions. First, what infrastructure do we need to provide safe, reliable and adequate water? Second, does our community want fluoride added to their water? So those are not necessarily the same question. I believe we can continue planning and investing in the infrastructure that is necessary to provide reliable water while giving our community a meaningful opportunity to consider the separate question of fluoridation. For that reason, I cannot support approving the water system plan with fluoridation infrastructure included before this community decision has been properly addressed. I would support moving forward in a way that protects our water supply, protects our ratepayers, provides the public with the information it needs, and allows the people who will actually be drinking this water to have a meaningful voice in whether their water should be fluoridated.

I do want to clarify because this plan is so old and it took several years for Department of Health to approve it. The city has all infrastructure so there's no additional cost if the city made a policy decision to fluoridate additional. The infrastructure is in place because this plan is so old. It doesn't reflect that data that's happened since with the construction of well 11. I also want to state that our water system sampling is done through state regulatory labs and we are in the tolerance. And if we fall out of tolerance, that would be reported to the state.

Thank you, Mr. Ryan. Others wishing to remark? All right. You'll be voting on approval of a resolution, adoption of a resolution approving the City of Port Orchard water system plan for 2024 through 2025. All in favor, please say aye. Aye. Is there anyone opposed?

Nay.

That passes. Five to one. All right, we're on to approval of minutes. We have item C, which is the approval of the July 14th regular city council meeting minutes. I believe Councilmember Trenary and Councilmember Mitchell, if they were not present, I would probably plan to attend or to abstain. Is there anyone, Councilmember Rospepe, go ahead. Mayor moved to approve the minutes of July 14th as presented. Second. MOTION BY COUNCILMEMBER ROSEVEPPE, SECOND BY COUNCILMEMBER MORRISSEY, TO APPROVE THE JULY 14TH MINUTES. ALL IN FAVOR, PLEASE SAY AYE.

AYE. SORRY, AYE.

OKAY. ANYONE OPPOSED? And two abstentions, is that correct? Yes. All right, those pass unanimously with two abstentions. We have item D, approval of a, yes, approval of a downtown building grant application. And we walked out on the agenda this evening and this packet was a little hurried. So we published on Friday. This application came in later that day. We've updated the agenda earlier today. And we just wanted to walk this on because we don't meet again for a month and we don't wanna hold this building owner up from being able to make these improvements. So I would entertain, Mr. Bond, would you like to make a staff report?

I'VE SHARED MY SCREEN HERE TO SHOW WHICH BUILDING WE'RE TALKING ABOUT. THIS IS THE BROWN BUILDING IN THE MIDDLE OF THE SCREEN. SO ON AUGUST 7TH, THE CITY RECEIVED AN APPLICATION UNDER THE CITY'S DOWNTOWN BUILDING GRANT REFACING PROGRAM. THE APPLICATION WAS RECEIVED AFTER THE CUTOFF FOR OUR PACKET. DUE TO THE AUGUST RECESS, STAFF DECIDED TO ADD THIS TO THE AUGUST 7TH AGENDA AFTER THE CUTOFF TO ENSURE THAT THE BUILDING OWNER IS ABLE TO PROCEED WITH THEIR PROJECT IN A TIMELY MANNER. The contract that's before you, it still has some items that are highlighted in yellow that need to be filled in. And so the suggested motion would be to approve the contract subject to final approval by the city attorney. The grant application is for the building located at 821 and 825 Bay Street. The project proposes to install new siding on the front and portions of the side of the building visible from Bay Street. You can see that just a few feet of the building and one window wrap around the front facade but are still on the front of the building for all intents and purposes. The project would also replace the four windows on the upper level of the building. And the new siding, I said in the staff report that they would paint it. It actually comes pre-painted the way that they've specified it. And so the proposed grant meets the criteria for approval. They're requesting $22,845. AND AT THAT FUNDING LEVEL THEY WOULD REQUIRE A 30 PERCENT MATCH AND SO THE TOTAL COST FROM THE CITY WOULD BE 15,991.50 AND THE REST OF THE MONEY WOULD COME FROM THE OWNER. THE OWNER IS IN ATTENDANCE TONIGHT IF YOU HAVE ANY QUESTIONS FOR HIM. IT'S MR. SCHAEFER. HE CAN WAVE HIS HAND THERE. AND I DO WANT TO POINT OUT TOO THAT AS PART OF FILLING OUT IN THE CONTRACT THE ITEMS THAT ARE HIGHLIGHTED IN YELLOW, SPECIFICALLY THE uh the scope of work and budget um there are um some small inconsistencies between the quote from his contractor and the grant application form and so that's something that the city attorney and i would have to sort out and so what we're recommending is that you would just proceed at the requested amount in the grant application and then of course they have to submit for reimbursement so they've got to actually show that they spent the money to be eligible and if they if they don't submit the full amount because they don't do everything that was in the scope of work um you know that that that just won't get reimbursed i also wanted to note that if they find any rot or other issues there's a 65 an hour rate and so it is possible that as part of this project they're going to find some expenses that they weren't expecting that would then be potentially eligible and we may want to put a cap on that as part of our the attorney in my review of the scope of work but my understanding is the owner has a contractor lined up and he was considering just going ahead with this project and hoping that the city would award the grant after he completed it but it sounds like they're they're ready to to start before our next council meeting that's mayor morrissey

Yeah, Mr. Mayor, I move to approve a contract for 821 to 825 Bay Street under the downtown building refacing program with the final form of the contract subject to the city attorney's approval in a grant amount not to exceed at this time $15,991.50 and a total project cost of $22,845.

I second that.

By Council Member Morrissey, a second by Council Member Dedman. Any further questions of Mr. Bond?

I don't think I have a lot of questions for Mr. Bond. I would like to see in future iterations, those of us who have done any type of development know these costs are estimates and we know that's probably not where they're going to be. So I don't know where we can be in bringing this back, I guess is what I'm trying to say. I don't know that we talked that through with the city attorney when setting this all up. So we're kind of learning as we go. I would love to hear what the fruit of those conversations have maybe next month when we come back together. And then secondly, Mr. Schaefer, I believe it's Scott, thank you for taking advantage of this program and thank you for investing in our town and particularly our downtown. Council Member Trey.

Yeah, absolutely love this project. Mr. Schaefer, thank you for getting us kicked off. That's exactly what the intent of this program was for, and I'm really thankful you're taking advantage of it. Nick, I read in the preparing or proposing hardy lap siding on the front and the sides of this building. I've had a little bit of experience with that, but I'm just curious. It's very durable. I know that from experience, but does it meet our building code requirements?

IT CERTAINLY MEETS THE BUILDING CODE REQUIREMENTS. THERE'S SOME QUESTION ABOUT OUR ARCHITECTURAL DESIGN STANDARDS. OUR DESIGN STANDARDS TALK ABOUT ARCHITECTURAL CONCRETE IS AN ALLOWED MATERIAL ON THE BOTTOM PORTION OF THE FRONT FACADE. I KNOW THAT IN OUR INITIAL COMMENT MATRIX TO THE APPLICANT BECAUSE HE HAS FILED HIS BUILDING A PERMIT THAT WAS ONE OF THE COMMENTS IS IS THIS AN ARCHITECTURAL CONCRETE THAT ISN'T DEFINED IN OUR CODE AND SO THAT'S SOMETHING THAT I'M GOING TO HAVE TO MAKE AN INTERPRETATION ON AND IF THE IF THE CITY COUNCIL IS PART OF THIS application review is comfortable with um with the hardy board on the front i mean i i think you know it's it's an interpretation that could be made um if you'd prefer uh for us to require brick or stone or um you know the only thing other thing i can think of that would be architectural concrete would be like a board form concrete that gets poured um so i'm i'm not sure what was intended by that verbiage and i'm happy to make the interpretation if council is supportive

Be supportive of the lap board.

Does the current code allow for say a brick veneer?

If it is actual brick, material yes i think the the intent here is that when you use soft materials on the lower portion of a building on a storefront they get chewed up and beat up people with bikes strollers are going to bang into it and so you just want something that's going to wear well and so you know hardy is is certainly it's a concrete fiber cement siding it's certainly stronger and probably more durable than wood is it solid concrete no but um It can be done.

I know the Mayor and I talked about this at one point. My thoughts are, if it improves the aesthetic of what's currently there, I'm in favor of it. I would like to see, especially if we're helping to fund some of this, that maybe we'll encourage future applicants, can we get something more stone-like in some capacity? But I'm not opposed to saying no. Hardy plank board works for me is what I'm trying to say. It's not my preferred alternative, but I think it can be acceptable.

And when I issue an interpretation, we are supposed to take that to the planning commission for review. And that interpretation expires at the end of the year. And so either we need to make that permanently part of the code or we need to amend the code. or the interpretation just has no validity beyond the end of the calendar year. So we'll follow up with some action to clarify the code as part of our ongoing housekeeping activities.

So thank you for taking advantage of the program. And this is exactly what we're hoping for. I support an interpretation that's liberally construed in favor of this project. I look forward to more discussion because maybe some renderings might be helpful to see what we might like ultimately. But for this particular project, I think it looks good. And thank you again. There was something else I was going to say, but it has trains left the station on that one. So I'm good. All right. Any other comments?

ALL RIGHT, YOU'LL BE VOTING ON A GRANT AGREEMENT WITH THE OWNER OF 821 BAY STREET UNDER THE CITY'S DOWNTOWN BUILDING REFACE GRANT PROGRAM. ALL IN FAVOR, PLEASE SAY AYE. AYE. OPPOSED? HEARING NONE, THE GRANT AGREEMENT IS APPROVED. CONGRATULATIONS. All right, we're to our last business item, approval of the July 21st work-study minutes. And Council Member Mitchell is likely going to recuse herself since she wasn't present. Is there a motion to approve those minutes? Council Member Morrissey, go ahead.

Yeah, Mr. Mayor, I move to approve the City Council work-study meeting minutes of July 21st as presented.

Second. by council member Morrissey a second by council member Rosa Pepe to approve the July 21st meeting work study meeting minutes all in favor please say aye aye anyone opposed I'm sorry can I ask you a quick question yeah that was on the that was the one that was on the consent agenda correct we pulled it off but we're not having any discussion like some discussion of the minute work study minutes typically on minutes, we haven't had discussion, but if you'd like to ask.

Oh, we pulled them off.

To be, because.

To be discussed?

No, not to be discussed because Council Member Mitchell needs to abstain.

That's right. Noted. Trying to understand that process, thank you.

All right, no worries. All right, we are to Council Committee Reports. I don't believe any committees have met. One? We have.

Okay. SAC met today. SAC met, yes. That's right. We did.

Mr. Mayor, are we skipping discussion?

Good catch there, Scott. Skipping discussion on discussion items.

Oh, look at that. I've got so much writing on my paper, I can't see it. All right. Why don't we go to discussion items? All right. So I'm sorry about that. We have two discussion items, actually. First is which is the Sherman Avenue Stormwater Park? Mr. Bond.

Yeah, and I'm going to introduce Connor Dahlquist. He's our associate planner who's been leading the Sherman Avenue Stormwater Park project. We've been working on the project for about a year, and Connor's going to walk you through what we've done to date. We recently completed some public outreach, and we are at a decision point where we want to check in with council before we have Connor start drafting a final document. So Connor's going to walk you through where we're at. And we're hoping that you'll give us a nod that we're heading in the right direction and that we won't have to redo our work if we follow Connor's suggested actions. So, Connor, take us away.

Awesome. Thank you, Nick. Good evening, council members. Awesome. Thank you, Brandi. Good evening, House members. My name is Connor Dahlquist, Associate Planner for the Department of Community Development. And as Director Bond shared today, I'll be sharing an overview of the Sherman Avenue Stormwater Park project, including the outreach we've done so far, what we've heard from the community, our recommended direction moving forward as well. Which way do I put this? All right, so to provide some context on what this project is and who's been involved, our steering committee was formed in 2024, and that includes Mayor Patanzu, Council Member Trenary, Director Bond, and Director Ryan, as well as our principal planner, Jim Fisk, and myself. The steering committee's role is to review public input, feasibility studies, concept plans, and provide direction to the planners assigned to the project. The committee has met three times to visit and discuss the site conditions, help form survey questions, and create and adopt the public participation plan, which I'll review later. For some site context, the city purchased the 30-acre property on Sherman Avenue to support a regional stormwater facility, pedestrian improvements, and a future neighborhood park. This site is identified in the Parks and Recreation Open Space Plan. as both a resource conservancy area and a neighborhood park. In 2024, we adopted a public participation plan to begin gathering community input for a concept design. So in April 2025, with the help of Public Works clearing portions of the vegetation to navigate the overgrown site, the steering committee visited the site to better understand the environmental conditions, access points, and opportunities to for future recreation and conservation elements. Staff and committee members got a better understanding of the steep slopes towards Black Jack Creek, the old fruit trees that residents spoke about, and was able to realize the buildability of the level areas closer to Sherman Avenue. As briefly mentioned earlier, in August 2024, we adopted the public participation plan. This defined our outreach objectives, target audience, methods of engagement, and overall schedule. The plan ensures that the process is inclusive and representative of community perspectives at each stage. The full plan is linked on the project webpage. All right, so our engagement so far, we began in late 2024 with widespread outreach. We delivered 636 door hangers, mailed 852 postcards, and posted around 30 informational posters to local businesses to advertise our first survey. Following that, in September 2025, we hosted a workshop one, where we presented background information, summarized survey input, and introduced three initial design alternatives. From May to July 2026, we held our second workshop, and also launched our second survey. This was able to gather, we were able to gather in-depth feedback, including hosting a tabling event at the Saturday Farmers Market to get one last push for the survey. In ongoing, we continue to engage the community through a project specific email list, our project webpage, which is live on the website, summaries of previous average efforts are linked there, a timeline of the process, and ongoing social media posts. These tools help us share updates and gather feedback continuously. You can find these all on the city's website by searching Sherman Avenue Stormwater Park in the website search bar. So although the outreach activities are open to the entire public, certain mailers and posters were targeted specifically toward neighborhood residents surrounding the park site to ensure the closest to the project had multiple opportunities to participate. A general guide was south of Tremont Street West, west of Blackjack Creek, and east of Highway 16. Our digital outreach efforts have included a detailed project website, two online surveys, multiple social media announcements, and various sign-up opportunities to stay informed and involved through our ongoing email list. These activities have helped us collect a broad range of feedback. So Survey 1, back in 2024, we received 80 responses. And this directly helped us shape three initial park design alternatives. The Trails and Conservation Park was number one. Number two was Family Nature Park. Number three was Community and Recreation Park. This survey created the foundation for our path forward as we analyzed community preferences, amenity wishes, concerns, and local neighborhood context. The three alternatives formed were presented to the community members during workshop one, and as you can see in the shown graphics, the project got unique branding for printed and digital material. This pattern design was consistent over the course of the two years of shared materials, only with slight adjustments such as color scheme to indicate fresh material to catch the public's eye. Alternatives were formed from those alternatives formed from the survey include it's a colored covered trails and conservation park Which had a focus on habitat preservation soft trails and low maintenance Family Nature Park, which was a balanced design with nature play picnic areas and looped walking paths And lastly community garden recreation park this featured garden plots sports courts and gathering spaces with focus on social connection So diving into those alternatives, so you can kind of get an idea how that feels and what you'd experience here. Alternative one places the highest emphasis on natural areas, soft surface trails, viewing points, and habitat protection. This option reflects a low-maintenance conservation first focus. The site in this concept offers varying types of pathways from firm gravel to softer natural trails that weave through the trees and native plantings. These trails are intentionally simple and low-maintenance, allowing the landscape to remain the focal point. One of the signature site features is the elevated boardwalk to offer an opportunity to rest and observe. Interpretive signage along the pathways can offer educational moments as well. Throughout the park, the design emphasizes conservation, restored habitat zones and native plant communities, as well as stormwater wetlands that function as both ecological infrastructure and educational opportunities. The next alternative is more family-oriented and has more family-oriented amenities such as interactive play features, picnic areas, and looped paths while maintaining a strong connection to nature. At the heart of the design is a nature-inspired playground shown in the rendering. Kids can climb and balance explore tactile play elements and move through the organic structures that feel like part of the landscape rather than something placed on top of it. It's playful but still grounded in nature and the natural character of the site. Open lawn space surrounding Open lawn space surrounding the play amenities offer a flexible space for running, tossing frisbee, or spreading out on a blanket. The looped walking paths ties everything together, giving families a safe, continuous route to stroll, push strollers, or bike at a relaxed pace. Picnic shelters are also a key element in this design. The shaded structures create natural gathering points for birthday parties, family dinners, and community events. They're positioned to overlook both the playground and surrounding landscape so adults can relax while still keeping an eye on activity. This alternative blends nature with recreation. This park that feels welcoming, lively, and family oriented while still maintaining a strong connection to the environment. And lastly, alternative three. This alternative emphasizes active recreation and social gathering, incorporates community garden spaces, small sports courts, and areas meant for groups and community activities. The experience here shifts towards community connection and active recreation. The community garden is at the heart of the design, a place where neighbors can tend to raise beds, learn about growing food, and share their harvest. It's both a productive landscape and a social one, with seating areas and small gathering spots woven between the plots. This concept also brings a higher level of activity. The sports courts, including a pickleball and basketball court represented on the site plan, create a lively hub for friendly competition, exercise, and socializing. These courts are placed near the open lawn areas and a small Frisbee golf loop, giving visitors multiple ways to stay active, whether you're practicing your serve, shooting hoops, or playing more of a casual round of disc golf. Together the garden and the active spaces create a dynamic environment, part community hub, part wellness space, and part outdoor classroom. You can find all these designs on the project website more in detail. So analyzing what each engagement opportunity provided us. So following the first survey, workshop one was hosted September 2025 to present the first looks at these park alternatives that were presented just now. The designs at this stage were much more conceptual than what was just shown. The majority feedback shared a consensus that the alternatives were on the right track based upon the survey feedback given. Attendees expressed strong preferences for trails and nature conservation spaces. Many favored combining trails with select amenities. Habitat preservation, especially near Blackjack Creek, ranged really highly, along with the desire for low maintenance features. Concerns for sound wildlife pedestrian access Pedestrian accessibility to the park and costs were shared. There are about a dozen attendees at this workshop Workshop number two was the next step in engagement process This was hosted in May of this year and at this stage the three design alternatives Alternatives were taken to another level of detail based on previous workshop feedback Our goals were to confirm whether the designs reflected earlier feedback identified missing elements and understood community priorities at a deeper level and In this workshop, community shared verbal and written feedback. Themes included a desire for a blended alternative, strong preference for conservation as before, an interest in amenities for children and community space, and this solidified the themes that staff learned about from the previous workshop. Concerns were also shared again, which included long-term maintenance, encampment safety, and interactions with wildlife. So the second survey was open from end of May until July 12th, 2026. The survey received 44 responses. For alternative one, the top priorities included soft trails and habitat conservation. For alternative two, looped walking paths were overwhelmingly favored. And for alternative three, community spaces, community gardens, social spaces, and small sports courts were ranked the highest. Respondents also identified missing elements such as youth recreation areas beyond what was offered in the family nature park, pathways for bikes, restrooms, and highway sound mitigation. Regarding preferred direction, 43% chose alternative one, while 34% preferred a combination of the alternatives. This typically incorporated trails from alternative one with light family amenities from alternative two and small gathering spaces from alternative three. So based on community feedback, staff recommends pursuing a hybrid option centered on alternative one, supplemented with playground areas and community social spaces. This would include a variety of trail types, structured playgrounds, nature play, a community garden space managed with a partner organization, multiple picnic gathering areas as well. Depending on the council recommendation, staff will continue to pursue a final preferred alternative design to then move into the next steps. So with those next steps, the final preferred alternative will then be presented back to the public. A park plan will be written, then adopted, and the proposed plan will be amended to reflect the preferred design.

hand it back off to nick all right thank you connor and i do want to mention that um one of the the participants in our second workshop i believe dennis she was with the public works board uh and she was trying to figure out which consultant prepared all these graphics and was really impressed to learn that this was all done in-house with uh with connor's uh skills and so we're uh we're lucky to have connor here um to prepare these excellent graphics so um tonight we are um we're here to check in to make sure that the preferred alternative that we are proposing to finalize um is that the council believes that we have heard community input and that we are on the right track with what we are proposing connor's next task is going to be to create a final graphic that that brings these hybrid alternatives together onto one map with graphics that would illustrate what this alternative looks like and then to write a draft plan and before he spends the uh the the massive amount of hours to create these graphics i wanted to hear from council that um that that we should go forward and that we have heard the public and uh and see if you had any questions or concerns before we start that effort we heard a lot about a bunch of different alternatives because could you spell out clearly for us what this alternative one would encompass So the preferred alternative is based on alternative one, which is the trail and conservation park, but it pulls small elements and maybe lighter elements from alternatives two and three that we heard that the community supported. And as Connor mentioned, after workshop number two, in terms of voting, Alternative one was preferred by 43% of the people, but a very large majority or minority, 34% wanted some sort of hybrid. And so we think that if we stick with alternative one, which is trails and conservation, but bring in some of those other elements, we're really hitting a majority of the community's desired facility by combining those. And so the preferred alternative slide, Brandy, if you could go back just i believe two slides to preferred alternative so it would um again it would be we would start with a base map from alternative one we would add a small playground area the community garden space is something that a community group came to us several years at the land use committee several years ago wanting a community garden space i would not propose that we provide that i think we could identify a space but unless we have a partner i don't think we should create that but if there's a partner organization that's willing to help operate a community garden then we can absolutely include a space for it and then i think in addition to the playground areas there should be some picnic and gathering spaces and and the other aspect of this being a hybrid is maybe there are some hard surface trails mostly soft surface trails but some hard surface trails in and around the playground So that's what a preferred alternative would look like. We just now need to go create the visuals to go in the plan so that it can be brought forward for adoption.

Council Member Rospepe. Thank you. Nick, I want to commend your team on doing the outreach because I know that from the first meeting Mark and I were both at it was a little bit sparse and your outreach got a lot more comments. and participation from that area of the community, which I think is imperative to moving forward. I like the hybrid approach. It shows that the initial comments of keeping a lot of natural space, especially with some of the development that's gone around there that they were asking for, but at the same time has a little bit of a park feel to it. uh that people can enjoy so uh right now i think you're moving in the right direction and we can't build it soon enough like we say with most of our projects uh and i'll let mark kind of weigh in because it's his part of his neighborhood to a certain degree when he wants to uh give his comments thank you we'll get to mr tamari i know council member deaner go ahead

Okay, well, one of the first questions I had was who put this presentation together, and I was wondering if it had some external support. So great job, staff. I'm going to talk about a couple things. With respect to active recreation, I think we have other parks in the city that are primed for that. I think of the Paul Powers Park and some of these other parks that we have simply that are underutilized. And so I personally am not necessarily a favor of a park that's dedicated to active recreational use, and I think that also came out in the surveys. I wanted to talk about maybe including a larger pavilion at the entrance to this, and here's why. About 15, 16 years ago, I was part of Mom's Club, and that's when I had some young children. And Mom stands for mothers offering mothers support. And so it was a club that I developed a lot of great friendships with. We all had kids about the same age. One of the things that we lamented at the time was that there was no facilities in the city and around the city where people could go in and hang outside, hang out outside, but under a larger pavilion. And so both the county and the city were lobbied at that time to provide more year-round facilities for our youngest. And there was a turnover in legislators. Jan Angels left, whoever was at the city left. So nothing ever became of that. But I still think that that need is out there. So I would like to see us consider a larger pavilion. It doesn't need to be walled, but just something that you can get out from the rain. in the winter months when people are trying to maybe take groups of kids and explore the area. So that's one thing that I wanted to mention. I took some other notes. I'd like to see more about kind of what is welcoming the visitor when they first pull into the site, what that looks like in your renderings, for sure. And I imagine you already got that covered. And then my question for staff is the comments that you got, were those relative, you think, and this is an opinion, relative to the state of parks in Port Orchard? Or do you think that was really kind of hyper-focused on this one specific area?

um connor may have some input on that but i you know we we did we started with the door hangers and the mailers and we really targeted the area that was mapped on slide um eight brandy if you can go to slide eight because we wanted to make sure we weren't missing the people in the neighborhood because this is really a park that is probably going to be most frequented by those residents The social media posts and the farmers market outreach and our other outreach reached a wider group, but we really wanted to make sure we got those people. And even though we had kind of low attendance at the first workshop, we had a lot of people put their name on the mailing list, and by the time the second workshop came out, the attendance was much better. And for such a small geographic area, I would say that we had really good participation. I think it's proportionate to the participation we had when we did our parks plan, which reached out even outside of the city limits. I think we had 500 responses for basically the entire school district boundary for our parks plan. And this was a much smaller area and we were at about 50, you know, participants that took the survey, I think just under 50. So it's pretty good turnout.

So more locally focused and

Yeah. And the door hangers, the reason we did that is because when we send mailing notices, if somebody rents, they're not getting that notice because it is going to the owner of the property. And so by hanging and posting signs at the apartment complexes, we wanted to make sure we were getting the tenants and the people that currently live there so that they could provide input. And so that's that's the first time we've ever done an outreach effort that included that, you know, trying to reach folks by by going door to door. And I think it was very effective.

Thank you.

Yeah, thank you, Mr. Mayor. A couple of quick things. In the name, it's a stormwater park. We didn't talk about where's all the stormwater coming from? How much stormwater are we saving? Do we get mitigation credits for building this park? I'll start there.

So the idea here is there's a high point on Sydney Avenue just past Lippert where the stormwater either goes towards Tremont or towards the stormwater park. That neighborhood has been clamoring for sidewalks for years. It's one of the number one things that we hear when we're doing our comprehensive plan updates. We don't have any way to put there's there's hardly even roadside ditches in the neighborhood. And so we can't we can't put in sidewalks impervious surfaces or curbs until there's someplace for that water to go. And so the idea here is that you build large stormwater detention facilities in this park. You try to make them a natural amenity that is attractive and that fits in with the park. It's not just your. typical developer stormwater pond and and you start from the park and build the infrastructure out so you could go up Sherman and eventually get all the way to Sydney so that people can walk through the neighborhood down to this park but you really have to start with a place for all the water to go and this is a a basin type facility that would capture water basically and almost in the entire outreach area until you get up to the point where it's flowing towards Tremont and towards Sinclair Inlet

So this is the ideation phase. We don't know what type of capacity yet then we need to hold for that.

Not done a geotechnical report or engineering report. So I think that once the city council decides to go forward with the engineering design, that's when we will look at how big the facilities have to be, how deep any ponds have to be, and you know we may find out that based on the size of the basin and the amount of impervious surfaces that are going to be contributing to the pond that it's going to be hard to do anything shallow and natural we may have to have a larger detention pond but the hope is that we can do something more natural that that looks and functions more like a wetland than our typical stormwater facility let me ask this follow-up then uh because i regularly call uh

I think we all know what Councilmember Warden's day job is. So I call about these things because when I regularly walk around, say, even my neighborhood, there are many water detention facilities that have zero water in them. And even year-round, the minimal amounts. How can we make sure that if we're going to set up a park to have these nice water amenities part of it that we're getting to that point that we can be accurate in knowing what type what quantities of water will be there, because I would think that we would have a conservative approach on some of the ones that exist today, but I've been walking by one for 15 years that has yet to have any water actually stand in it.

So the Stormwater Management Manual for Western Washington specifies exactly what the design criteria are for stormwater detention facilities. Some of the older neighborhoods in Port Orchard that were designed under the old manual, I know that the sizing of the ponds has increased like tenfold over what it used to be going back to the 1990s manuals. So when we design the park, when we do the engineering analysis and the civil design, we will prepare a stormwater report that looks at the roads that are going to be flowing into that basin, makes estimates of how much additional impervious surface is likely to be constructed, and we will make sure that those are sized conservatively to serve all of the streets flowing into that basin.

Good. One of my largest concerns there is that we're going to have a stormwater park that doesn't actually have stormwater in it.

It naturally occurs somewhat there already. We have Blackjack Creek bordering on the edge of this and all of the wetlands that are around that. So it somewhat exists already. We're going to be enhancing all of that and then capturing the stormwater needs of... you know, probably 300 or 400 houses in that area that were built in a manner that didn't require stormwater improvements. And so now we're trying to correct the sins of the past.

I hear you. I think I'm trying to draw out that I know that especially Where I'm driving or walking by these in my neighborhood, it's fairly new. I would guess they're with the new standards, which I think are over-engineered. That's a personal thought, but that's my concern for this park. I know you have one more.

Since I'm the stormwater expert here, I wanted to help Nick out. So every pond's different, right? So some ponds are for storage, some are for treatment, and we have to design the manual saying that we have to design these for the 100-year and 500-year flood event. So the opportunities you asked the question earlier, this neighborhood is an untreated stormwater. None of the stormwater, because it's so old, is treated. So we will get credit for our stormwater permit because it is an identified catchment for our permit. So I just want to point that out. We also are working on a grant application that's part of our stormwater management action plan that a consultant's working on. It was included in their scope that they're pursuing the groundwork for design for this.

Perfect. Thank you. And I think my last comments are around just kind of our presentation tonight. I don't want to go against what the folks of Port Orchard are asking for. I will say this feels very zen garden in its appearance tonight. I don't know. that will take that feeling once developed. Being adjacent to Highway 16, I don't think I'm gonna get a ton of zen with all that traffic noise in the background, but I don't know if there's any type of design that can help mitigate that as we move forward. I would bring that up. And I wanna leave with, I very desperately would love to see, and I hear you loud and clear, Director Bond, around the gardens, but I think public gardens and urban gardens like that in our community are desperately needed. I would wholeheartedly support that. I also hear that we want a partner. I don't disagree with that statement. I think we can find one. I don't know if it's the Master Gardeners or someone local past that yet, but I came across something in Tacoma that I helped bring to a group in Bremerton, the Tug, the Tacoma Urban Gardens that they brought the bug to Bremerton. I'd love to see a Pops, a Port Orchard Planting Spaces. maybe come to fruition at some point, but. What's that? No pug? No pug, because the O doesn't come out in that, so it didn't work for me. I came up with a pops, but it's something I thought about for several years now, and I want to encourage that in the design. Thank you.

Okay. Councilor Cresceni, if you want to bite of the apple here.

Well, I'll weigh in a little bit. Yeah, I've been a participant in this process from day one. Connor has done a great job with this. He had people who are not tech savvy at all taking QR codes with pictures with their phones and actually answering questions on their phones within a very short time. We had a great gathering of people come out, participants come out. Of course, we would have loved to have seen more. but we had a lot of people that came out to both meetings full presentations and they're they're very passionate about wanting this to stay natural wildlife friendly as they can but they do would appreciate some additional features some more nature type paths down around blackjack creek you guys hit it connor you hit the survey on the head with your presentation tonight If that's what that community wants, that's been an underserved community since those houses went in there many years ago. And Paul Powers Park, although it's there and I walked my kids there years ago when they were small, very small park. And it's far away, quite away from this particular section of the neighborhoods. So I do think this is something that we've outreached to the community. And they've told us what they're wanting there. And I think we should abide by what they're looking for at this park myself. There are still a lot of animals along Black Jack Creek from the KSC down here, all the way underneath the bridge. I have bear periodically come into my backyard along the creek bed. So there's deer all the time there. So preserving a little bit of habitat for them is important to that neighborhood and should be important to the citizens of Fort Orchard as well. Okay.

All right. Council Member Dina, you want another bite of the apple?

Well, I just, I think I know the answer, but detention vaults are not being considered as part of this project.

No.

Okay. Thank you. That's all.

Okay, and I've got conflicting information here. So the paper version I says, we're gonna talk about the town hall format, but the online version doesn't. Are we doing that this evening or not?

Go ahead. Sorry, ma'am. Correct me if I'm wrong, we have a town hall for September 3rd.

Yeah, so we don't have a council meeting before.

Right, so I thought that it was still on the agenda. We probably should talk about it.

We probably should talk about that. Yes, we should.

So I thought the last town hall was, you know, an improvement. I think we're marching into a direction that I think we all want to get to and we got lots of good feedback on that. One of the things that I had advocated before the town hall was that we have displays and something that people could gravitate towards and talk about before the actual town hall got underway with presentations. but i i personally was a little disappointed that there was only one or maybe two displays there was one display that talked about that showed uh roundabout renderings but there weren't any other displays and so i think that's really an important part of what people want to see particularly those that are more visual visually aligned so i'd like to re-emphasize that at least for me it's important that we have these visuals out there and not just limited to one but perhaps One for every presenter. And they don't necessarily have to be renderings, but they could be talking points.

I'm gonna push back here. If we've got existing graphics, I don't know that we have capacity to be creating graphics for individual presentations. I just don't know if anybody could do it.

So what I was going to say, or I was saying, is that some of these might just be blowing up the talking points a little bit and showing those so that people can kind of read what they're going to hear later, maybe word it on paper a little differently than what they do. here uh later on so that they have maybe more of a context but um i just for me it was it was important to see that people could wander around and get engaged in in some graphics or just some displays before the meeting got underway but we really didn't have that so that's my two cents thoughts go on councilman rosbeck um no i think the town hall is moving forward i

concur with Scott that if, especially since we have a before, you know, before kind of welcoming time period and then afterwards where council members are kind of individual and people can come up to them. I have, I think, three slides and one of them, you know, all on the parks and one of them could be easily, you know, a static display for afterwards to talk to people. So I think it's up on, it would be up to the council member Who has that topic to see if they want to have something static display? Afterwards to contact whomever whether it be Brandi or Megan and say could I have this? display My main focus tonight to bring this to continue this discussion was we have one new council member who may not realize the town hall is coming and would need it would need it would need a topic and uh and uh just to have a review of topics and who had what i'm still good with my topic of comp plan and parks but i'm not sure everybody else would want the topic that they had but that's me okay councilman morrissey uh yeah so uh my two quick things i think i recall that as well if you wanted one you could ask for one uh last time for a display um i would advocate for that i i

I don't know that I would have one. I would also advocate now realizing, well I think I knew it, but now realizing, we don't have another meeting before then. I think it would be easiest and I would throw out there, unless somebody really has opinions otherwise, that we kind of keep the look and feel the same as it was with same topics. I would say that if we needed to, that does feel very transitory and maybe we could find a way to do that outside of here.

I I would I would advocate to leave it largely the same this go around but might just I take the as a starting point and email back out the list of topics that the individual council members and then if you're wanting something different uh then then reach out and we'll work through that process and I'll work with council member Mitchell to get her a topic

I had one more thing. If that's the way you're gonna go, and there is somebody- We'll start there. No, but if somebody has consternation and wants off their topic, to keep things easier, I would horse trade just to keep things easy. All right.

I'll keep mine.

Okay. All right. Did you have a comment, Council Member Devin?

Oh, yeah. Sorry, this is a little bit late, because I realized I should mention it. I was looking at, talk about graphics. I was looking at the website. The stormwater park, I wasn't seeing it on the larger... map so you know how it says like it has a like even the givens play field improvements it has that on the um on that map but i wasn't seeing the stormwater park um

Go ahead.

We just met Megan in the clerk's office. We are working on updating all that information. OK, awesome. It's been down for a while, so there's a lot of work. But that's one of the things that we identified.

And just as another statement about that, sorry, now that I'm on that. I know I think maybe this is something we have to talk about land use we haven't met like all of our committees haven't met I mean I guess we met but there are so many parks right now so we have like the Gibbons we're talking about stormwater and I guess the community center is going to be like under the parks purview that having people understand how many projects are under like parks would probably be a good idea. And I'm not kind of seeing that on the website. Like that's not that's not obvious to me that there's like all of these things that are related to parks. And I know that there was an email that went out, I want to say like a month ago, that talked about how we're going to be expecting to ask for a levy, like a parks levy. And so this would give people a better sense of why that would be happening, like what costs we're incurring under parks. Because that's not obvious to me if I'm looking at anything.

So back to the town hall. Sorry, thanks. I'll start with the clerk email what we did last time and I'll work with you and look at the topics that are there and we'll get it taken care of. So where are we here now? Okay, now we're to council committee reports and I know that the SAC committee met today so I'm sure you have a report for us.

Thanks, Scott, for keeping us on track. We did, we had a short meeting today where we went through mostly the projects that are occurring at the facility. There's nothing that's outside of, out of control or budget. However, their NPDES permit from Department of Ecology uh, is, uh, been 37 months since they submitted it. So they're still waiting for reply from Department of Ecology and that will drive, uh, some of their projects in 2027 should get, get done. We also had a discussion that's going to carry on into next, uh, next month, uh, regarding bio loading. Uh, specifically we have both affluent and solids And depending on how much affluent they get, it depends on how much solid particulate is in the water. And that is causing some consternation with their permitting. And it's more of the inflow and not the outflow that it's an issue. So the bottom line is things are still moving forward. We're going to meet again October 6th, which is the budget meeting. So ERUs will be a big topic at that point in time with the city since we're joined at the hip. And that's my report. THANK YOU.

I DON'T BELIEVE THERE ARE ANY OTHER COMMITTEE REPORTS. THERE ARE NO COMMITTEE MEETINGS THE REMAINDER OF THIS MONTH. YOU CAN SEE A LIST OF ALL OF THE COMMITTEE DATES IN SEPTEMBER ON THE AGENDA. to the mayor's report. I only have one topic, and I learned recently, and I've now scheduled a meeting with myself and the three other mayors of the county with the county commissioners. The county commissioners are, Scott, I guess I'm just providing information. You're not being proposed to. I'm just being sensitive to your role at the county. The county, as everybody should be aware, the county has significant budget challenges. And one of the tools that they're proposing, the legislature has given them, all of us, the authority to pass 1 10th of 1% sales tax measures for public safety. WHAT I LEARNED IS THAT THE COUNTY'S PROPOSAL WOULD BE COUNTYWIDE, INCLUDING THE CITIES, AND IT WOULD GENERATE $7.5 MILLION IN PUBLIC SAFETY REVENUES, BUT APPROXIMATELY $5 MILLION OF THAT 7.5 IS COLLECTED FROM THE CITIES, AND WE'RE NOT GETTING ANY OF THAT REVENUE. So I have serious concerns about that. And when I talked to the commissioners individually, or a couple of them, they pointed to the services that the city residents benefit from Which we don't. The county, the sheriff deputies don't patrol our streets. The prosecutor's office, we have a separate contract and we pay for our prosecution services with the county. The only thing we really would benefit from this is the support, supporting the superior court system, because we already have our own municipal court, which is the equivalent of district court in Kitsap County. So we've convened, we're convening a meeting here in two weeks, approximately two weeks, the mayors and I, TO TALK TO THE COUNTY ABOUT THIS. I KNOW IT'S NOT REALISTIC FOR SO WE ARE ALLOWED TO TAKE PASS OUR OWN ONE TENTH OF ONE TENTH PERCENT MEASURE COUNCILMATICALLY. BUT THAT WOULD LAYER THAT TAX ON TOP OF THE COUNTY'S TAX AND THE RESIDENTS OF THE CITY WOULD PAY TWO TENTHS OF A PERCENT NOW ONE TENTH OF A PERCENT IN THE CITY OF PORT ORCHARD IS NEARLY A MILLION DOLLARS. we do have our own I mean we'd like more police officers we have significant cost to our public defense contract coming this near year next year nearly doubling it due to this recent Supreme Court decision um I'm looking for kind of heads nodding if that meeting does I'm I know it's not realistic that we would get all of the revenue the five million dollars collected in the cities BUT WHEN I TALK TO THE COMMISSIONERS, I'M GOING TO ASK FOR THEM TO ENTER INTO AN ILA WITH THE CITIES AND SHARE SOME OF THAT REVENUE WITH THE CITIES. YOU KNOW, POSSIBLY HALF OF IT. AND WHERE THE COUNTY WOULD RECEIVE BACK IN NAPKIN CALCULATION 5 MILLION OF THE 7.5 MILLION COLLECTED AND THE CITIES WOULD RECEIVE 2.5 MILLION. SO THAT WOULD BE ABOUT $450,000 TO THE CITY OF PORT ORCHARD. i hope these conversations go well i've talked to representative richards about this this morning and he said yes this was bad legislation that allows this and i voted against it but it happened and it would have been i think much fairer if there was a carve out like there was in the affordable housing measure but it wasn't the bill wasn't crafted that way um if my negotiation or discussions don't go well with the county are you comfortable with me sending a strongly worded letter uh to the county commissioners and i would share that uh with the media um and so Council Member Rospepe, I'm seeing one head nod.

Can I just state for the record, I'll be abstaining from the head nodding.

You're not, yeah, I can appreciate that. Council Member Rospepe. And my initial impression with the information you gave us, Mayor, is I'm totally against this unless it's proportional. that we need to be receiving the revenue that we would have collected otherwise, and putting anything else on the city makes it basically an unfunded mandate, and I'm totally against this from the get-go, from how it sounds. I would definitely need more information, but again, I find it to be punishing the cities.

the county intends to take action on this uh by the end so my my letter could happen before your guys's next meeting but on the other hand i'm good with what i think you guys we can we'll have more discussion about it on september 8th definitely councilmember tedman um i think also concerned just as not even a council member but a member of the public

is that we see places like Tacoma who have adopted this extra tax and the money isn't going where it was supposed to where people who voted to have this tax put in place for public safety and that money isn't getting used for what the people thought it was going to be. So that's another concern from my perspective of seeing this tax.

WE HAVE NO ABILITY TO STOP THE COUNTY. THEY'RE ALLOWED TO DO IT. COUNCILMEMBER MORSEY.

I'M FOR IT BECAUSE IT'S NOT EVEN A VOTE OF PEOPLE. IT'S THE VOTE OF THE THREE COMMISSIONERS THAT ENACT THIS TAX. SO IT'S A COUNCILMATIC TAX. IT IS NOT A VOTE OF THE PEOPLE FOR THIS. IN FACT WE AS A BODY OF SEVEN COULD IMPLEMENT THAT HERE FROM THIS DIAS TODAY. I won't get into that today but I will say I also would concur that I'm in favor of that and I would ask that maybe you ask this body to come lobby with you when they take said motion up the hill.

So I definitely will, when they intend to take action, I will communicate that. And it might be very beneficial for us to go testify potentially on that. Council Member Trenary.

I'd be interested to see what they would say, how our citizens benefit from this tax that they're going to place on our citizens. and the city receives nothing to provide that benefit to our citizens.

The only thing I can identify is Superior Court because we pay directly for the jail for the prosecution services.

To the tune of $950,000 a year? Probably not. So I'm in favor of marching up there with you and lobbying against this.

Okay. Mayor.

Sorry, I also want to point out Ms. Archer. Ms. Archer, go ahead.

Thank you, Mayor. I just want to confirm that the letter you plan to send will be in your name only and will not be the Council's voice as well unless there's a motion from the Council to co-sign the letter.

Okay. Is there, do you want, is the letter strong? Well, it would be.

Oh, I was, well, this is my question. You were stating that we currently pay for Kitsap County Prosecution Services.

Through a contract.

Through a contract. I'm not sure how the county and the city negotiate, but is that like a point of negotiation where if the money that they take from this public safety tax could offset that uh bill so any um like funding instead of us that coming out of our pocket then using that uh tax money worthy conversations to happen but yeah so yeah councilman mitchell go ahead

Yeah, thank you. So, um, I need to take some time to as an employee of state. I need to also make sure that there is no conflict here for myself in this way that Councilor dinner feels about the county. I don't believe that there is. I think that speaking very broadly, asking a smaller entity to essentially pay more in taxes and get nothing in return is not a great thing. And broadly, I would support a letter that stated that. I think at this time, I would request that we hold off on saying it is from the entire council until I can confirm that. But I certainly think that it would be great for you as the mayor to

put forth that position so and i will hopefully my conversations go THE WAY I INTEND THEM TO GO, BUT I'M NOT CERTAIN.

I JUST WANTED FOR TIFFANY TO ILLUMINATE. WE USED TO HAVE A COUNCIL MEMBER WHO WORKED FOR DOT AND HE WOULD SAY I WORK FOR DOT BUT I DON'T FEEL THERE'S A CONFLICT OF INTEREST AND THE COUNCIL WOULD SAY YEAH OR NAY ON THAT. SO COULD BE VERY SIMILAR IN YOUR CIRCUMSTANCES. FOR THE COUNTY IT'S ACTUALLY BAKED INTO THE EMPLOYEE MANUAL FOR THE ELECTEDS, SORRY, FOR THE COMMISSIONERS AND THOSE EMPLOYEES THAT WORK UNDER THAT

CONFLICT USUALLY IS FROM THE FORM. DO YOU PERSONALLY BENEFIT FROM THE ACTION?

NO, I WOULD NOT. I THINK ALL I WOULD HAVE TO DO IS ESSENTIALLY DECLARE IT, BUT I DON'T HAVE TO WORK WITH YOU. I'LL HAVE TO ASK CHARLIE.

ALL RIGHT. SO HOPEFULLY THE MEETING GOES WELL. I'LL REPORT BACK AFTERWARDS. SO LET'S GO TO DIRECTOR'S REPORTS, MR. RYAN.

I just wanted to follow up with the water line transmission break that we had last week and just compliment our staff. This was not just Public Works. This was the entire city, the clerk's office and Megan. We're supplying customer service to hundreds of residents, the houses that were affected all at once. So it's nonstop, the social media messaging. We had staff were required to put door notices when we have a boil water notice. So we have to physically hand hang a notice at each house. And then when we lift the boil notice, we have to hang another flyer. So there's coordination with the Department of Health, the regulatory agencies, and then we had to take it back to each sample. And that's a requirement to make sure that the water is safe to be potable again and drinkable. So it requires that it has to grow a culture in the lab conditions and it's very tight parameters. So that's why it was 48 hours. That's what took so long. So the repair, to get our system back up and running, that's significant of a break in four hours and all that communication and that customer service. And it really is all at once. We had staff that volunteered to stay till 6.30 at night. We kept our phones going because it's quite the undertaking. So that That's it.

How many hangers were hung?

You would ask that. I think it, Megan or Brandy might know, is it 300, close to 300?

That's a lot of time.

A lot of time.

We also had water stations out where we put bottled water out for people while it was still down.

You might see a mayor's message on Friday about this topic.

Great job.

Yeah, commending Public Works and the patience of the public. It went exceptionally well. It was a horrible situation that went exceptionally well. So hats off to Public Works.

Quick question on that. Do we recoup any of our costs from the contractor who? We'll be billing them. Okay, thank you. Mr. Crocker.

I don't have anything specific tonight other than to mention to the council that we're underway with budget, fully underway here in August, and hopefully they will be scheduling some conversations next month to kind of share kind of where we're at in the budget process.

Mr. Bond? Just two quick announcements. I just wanted to mention in regard to the parks agreement tonight, we are putting in the budget a request for funding the parks plan in the coming biennial period. That would be the opportunity to correct and make sure that those parks are labeled as private. I agree that it could be better in the parks plan. um i think they are described as parks as private parks but the maps don't actually label them as such and so that's certainly something we can do as part of a parks plan update also i just want to report on a process improvement in our building department permit center now that we have a new cell tower out in the mccormick area with better reception we are going to get our inspectors tablets to where they can sign off on inspections in the field rather than having to come back to the office to do that WHAT THAT IS GOING TO DO IS ALLOW BUILDERS TO IMMEDIATELY SCHEDULE THEIR NEXT INSPECTION BECAUSE THEY CAN'T SCHEDULE A SUBSEQUENT INSPECTION UNTIL THE SYSTEM HAS SIGNED OFF ON IT. SO THAT'S ONE OF THE COMPLAINTS THAT WE HEARD FROM OUR BUILDERS AND WE HAVE ALSO REALIZED WITH OUR SMART GOV IMPROVEMENTS THERE'S SOME OTHER BENEFITS TO GIVING TABLETS TO OUR INSPECTORS AND SO WE'RE GOING TO GO AHEAD AND GET THOSE ORDERED AND THAT WILL HOPEFULLY MAKE INSPECTION SCHEDULING EASIER FOR FOLKS.

Mr. Vaughn, could we get a report at, well, the next council meeting on how that permit screening software is working?

Yes, I will report back to you next month. I actually just got an email from them today. Okay. And so I've been meaning to catch up with those guys.

Great, thank you.

Deputy Chief, anything to report?

Yes, sir. I believe everybody is aware that the cruise was this past weekend. And I wanted to take a moment on behalf of the chief to thank all our regional partners. Obviously our personnel, Public Works did a phenomenal job helping us set up the event and working out the traffic control plan. And then our regional partners of Bainbridge Island PD, Pozol PD, KCSO, South Kitsap Fire and Kitsap Transit. Also, I'm not sure if the chief had mentioned but for the first time at least in the time that I've been here our agency participated in a wide-scale ICAC operation so it was an internet child crimes operation that involved all the regional agencies within the county and so We're looking to participate in more of those in the future But I'm very grateful for the opportunity to be able to do that and gain the experience for our general investigations unit

And the car show was a fabulous event. And I don't have their numbers yet, but they were indicating they had a record number of cars. I don't know about people, but it was a great show.

I'm going to take the opportunity to double down and thank you and your team for being there, leading the charge with our partners. I know I saw Pulsebow, Bainbridge Island. I was working with the South Kitsap Fire. They were our pancake flippers for the Rotary as well. But it was a great event, very well maintained. Thank you to Director Ryan and your staff as well. They were there all day. They even beat me down there and I was there not long after 5.30 a.m. And so it was a long day, appreciative. I do know preliminary reports said it was the most cars they've ever had. I have no idea about people, but the pancake breakfast was great, so thank you.

I'LL JUST MENTION THAT I ALSO ATTENDED, AND IT WAS VERY WELL DONE. IT SEEMED LIKE THERE WERE MORE CARS THAN EVER BEFORE, AND I'M GOING TO GUESS MORE PEOPLE, BUT VERY WELL DONE.

LOOKING FOR THE MAYOR'S AWARD, I STARTED AT THIS END. I HAD A CAR, THEN IT GOT UPGRADED, AND BY THE TIME I GOT TO THE Gazebo, IT WAS A THIRD CAR, SO IT WAS A 69 CHAVAL. MS. WALLACE?

Just want to report that we also had our communication specialist out cruising the event as well to take some photos to add to our website and our photo library. And then wanted to see if you guys wanted to still meet with Coffee with the Council on September 5th. That is Labor Day weekend. I don't have any council members signed up. I'll do it. Except for, okay.

Looks like Jay and Scott are willing.

Okay. And all right. Got three of you down. And that's all I have.

Okay, all right. To our second citizen comment period, if anybody, Mrs. Archer, I guess you have a report too. Just didn't see you over there.

No, not a problem. I appreciate the accommodation. Just a couple of appellate cases to report on. I like to keep you abreast of interesting ones that pop up. The council will recall we discussed a case earlier this year, Arthur West versus the city of Burien, where the Court of Appeals made a determination that a majority of council attending a press conference, although they were occupied with the passive receipt of information at that press conference, there were facts sufficient to state a potential OPMA claim. The city is now appealing that decision or they're petitioning to the state Supreme Court. So I will continue to keep you abreast of where that goes and whether the Supreme Court takes that one up. the other one is um a very interesting case that i'm tracking uh the it is titled rob rice homes versus the department of ecology um and i'd be happy to discuss this offline with any of you but very very briefly uh what occurred there was the city of tumwater uh uh received a permit application from a developer uh the permit uh process involved um wetland mitigation. So two small wetlands were going to be filled and another large wetland was going to be restored and enhanced. Department of Ecology participated in the permit process, commented on SEPA, did not participate at the hearing, but the hearing examiner ultimately issued the permit. And where this case takes an interesting turn is Department of Ecology then issued a notice to the developer and said, despite you having that permit under our regulatory authority, you do not have the ability to move forward with this action. We will assess significant monetary penalties if you choose to do so. And our authority is under the APA and the Water Pollution Control Act. So essentially, this case sets up a conflict between the permitting process that local governments use and the appeals process under the Land Use Petition Act with this purported authority of ecology to stop the permitting process under Water Pollution Control Act, despite not having uh ecology appeal the hearing examiner's decision appeal SEPA there was no appeals process utilized by ecology so this will be a very very interesting case to track um where it heads uh as you know I'm the chair of the Washington Association of Municipal Attorneys amicus committee and we are still considering whether to weigh in on this and work with awc and other organizations because this has obviously a significant impact on local government autonomy

Charlie, could you cite the name of that case again? Because it does seem like a really big deal.

Yeah, absolutely. And I can send you the pleadings I have as well. Rob Bryce Holmes versus Washington Department of Ecology.

Thank you, Charlie. Anything else?

Yeah, absolutely. That's it. Thank you. Okay.

We're going to move on to our second citizen comment period. Is there anyone who wishes to address the council? And if you're online, use the raise your hand feature. Please, sir. Go ahead.

And just identify yourself for the record. You have three minutes. My name is Scott Schaefer, and I own 821 to 825 Bay Street. And I would just like to say thank you for Mr. Mayor, for council members for your support in helping me bring my little corner of the neighborhood up and I'll do my part and I'm just glad to see the council looking out for the downtown area there as well. It's very nice and Nick Bond, thank you very much for your help as well. Thank you, that's what I have.

Thank you. Thank you for your comments. Anyone else wishing to address the council? Okay, we're good to order, but we do have a brief executive session, so don't run off after good of the order. So, Council Member Rose, Pepe, go ahead. Scott, I'm gonna ask you to step out for this one, though.

Thank you. Okay. Sometimes it takes a little while in the head. First of all, thank you for coming tonight and Participating appreciate it About a year ago maybe a little bit longer John brought up about the two members of council having to recuse themselves because of working for the county on anything this council business and It really hit home when we had the streets contract. It was a couple weeks ago and we were down council member and then two more. I sent a very strongly worded from my own email to the commissioners and I think that we ought to consider as a council I haven't received a response yet, which is disappointing in itself. But I think that we ought to consider, as a council, sending a letter on that behalf. I'm pretty much done when we talk about playing nicely with the council, or with the county. It's a two-way street. on that and I just want the council to consider that and being willing to discuss it further but on this subject I'm pretty pretty firm right now so thanks John for bringing that to attention I'm sorry it took so long to get on board that's all I have oh and the cruise was great so I was down here too I'll second those comments I would love to see that on a September work study session

Long overdue.

Scott, bring him back in the room.

While we're going back there, are we good? I could have done that.

Well, when we're done with, anything else for the good of the order? Okay. Go ahead.

I just wanted to say thank you again for the opportunity to be here. This was a great first meeting and I just hated it so much, so. Thank you so much.

Okay, I think we will take a, LESS THAN FIVE-MINUTE BREAK AND CONVENE IN THE CONFERENCE ROOM FOR AN EXECUTIVE SESSION RELATED TO A REAL ESTATE MATTER. MS. ARCHER, WOULD YOU STATE THE STATUTES RELATED TO THAT?

YES, ABSOLUTELY. THE COUNCIL WILL ENTER AN EXECUTIVE SESSION PURSUED INTO RCW 4231-10 SUBPART 1, SUBPART B TO CONSIDER THE SELECTION OR ACQUISITION OF REAL ESTATE WHEN PUBLIC KNOWLEDGE MIGHT CAUSE LIKELIHOOD OF INCREASED PRICE. AND WHAT'S THE LENGTH, MR. MAYOR? TEN MINUTES. Okay, so with the five-minute break, the council will come back at 8, math, 8.30, 8.42?

Sure.

That would be five minutes from now, is 8.33.

So 15 minutes is what we're looking for. And then we will have a 10-minute executive session once we get back there. With no action to follow. With no action to follow.

Right, so we're turning at 8.43. Yep, yep. Okay.

Yeah, so if you look on the email, I did.

Thank you so much.

So I guess I should have asked more questions. Thank you. Thank you.

I appreciate it. I do. I appreciate you.

I thought we were going to talk about this. So you're talking about the staff actually that are stationed there?

Here, let me see if I can, well, I don't have my computer. But it's a city, it was a city, you know, thing. Give me a second.

Because my understanding is that there may be staff stationed there.

Let me see the wording. It has to do with, you know how the mayor says all the time? I think your mic is on. Oh, oops.

Okay, okay.

So that's why they have . Let's rock and roll, guys. I have not been asked for a while.

And it's so quick. Yeah. Yeah.

Miss Mitchell, nice to meet you.

Nice to meet you too.

Thank you Dennis. Thanks Noah.

Thank you.