12/27/1999 - Regular - MinutesPort Orchard, Washington
December 27, 1999
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson,
Wyatt, Morrison, Geiger, Powers, Van Zee, and Stansbery. Staff present: Sergeant McCarthy, Deputy
Clerk Merlino, City Clerk Parks, City Planner Gross, City Attorney Montgomery, and Fire District No. 7
Contract Representative Assistant Chief Snow.
Councilman Clauson led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was
received.
City Clerk Parks administered the Oath of Office to the following Council members who were re-elected in
the November 1999 general election: Councilman John W. Clauson, Councilman Robert G. Geiger,
Councilman Don Morrison, and Councilman Rick Wyatt.
City Clerk Parks administered the Oath of Office to Mayor Leslie J. Weatherill who was re-elected in the
November 1999 general election.
On motion by Councilman Wyatt, seconded by Councilman Morrison, Council elected Councilman John
Clauson as the Pro-tem Mayor for the year 2000.
Mayor Weatherill asked for Council's confirmation of the appointment of the new Municipal Court Judge
Tarrell S. Decker.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council confirmed Mayor
Weatheriil's appointment of the City of Port Orchard's new Municipal Court Judge Tarrell S. Decker. District
Court Judge James Riehl administered the Oath of Office to Municipal Court Judge Tarrell S. Decker.
Mayor Weatherill called for a 5 minutes recess for the audience and Council to congratulate and welcome
Municipal Court Judge Tarrell S. Decker to the City of Port Orchard.
At 7:50 PM Mayor Weatherill reconvened meeting into regular session.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a modification to an approved site plan for a
parking lot used by the Port Orchard Yacht Club members located at 680 Grant Avenue. The site plan was
originally approved under JARPA # 91-98 as submitted by Mike Petrowske.
Councilman Morrison asked if anyone from the audience objected to his participation and voting on the
proposed modification to the parking lot (680 Grant Avenue), as he is a member of the Port Orchard Yacht
Club. Since no objection was received from the audience, Councilman Morrison remained at the Council
table.
City Planner Gross advised the applicant is asking for a lighting modification, specifically to install four lights
on two Puget Sound Energy poles and further advising the bills for installation and service would be paid by
the Port Orchard Yacht Club.
Mike Petrowske, applicant, concurred with City Planner's staff report and availed himself to answer questions
from the Council or those present.
December 27, 1999
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Mayor Weatherill asked for audience comments from those either for or against the proposed modification to
an approved site plan for a parking lot used by the Port Orchard Yacht Club members located at 680 Grant
Avenue. As no response was received Mayor Weatherill closed the public input portion of the Public Hearing
and referred this matter to Council for their consideration.
On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council approved request as
submitted by Mike Petrowske, to modify an approved site plan (approved Resolution No. 1853 on March 8,
1999 — JARPA #91-98) to construct a 46-stall parking lot to be used by the Port Orchard Yacht Club (680
Grant Avenue) with the following modification to the site plan: installation of four lights on two Puget Sound
Energy poles.
Mayor Weatherill referred to his letter dated December 23, 1999 which was hand delivered to each
Councilmember (Attachment "A") regarding his action to invoke veto powers over Ordinance No. 1770
(Gambling Tax).
City Attorney Montgomery advised Council of the proper procedure to follow for the veto and reconsideration
of motion to approve Ordinance No. 1770 as set forth in RCW 35.23.211.
City Clerk Parks read motion, which was presented and approved at the December 13, 1999 Council
meeting, to approve Ordinance No. 1770 amending Ordinance No. 1086, to comply with state mandate
decreases specifically to decrease bingo and raffle taxation and further increase punchboard and pulltab
taxation from three (3) percent to (4) percent and increase card game taxation from ten (10) percent to fifteen
(15) percent.
Otto Snay and Jack Grable, representing Port Orchard VFW, spoke in opposition to proposed Ordinance No.
1770 voicing to the hardship this tax increase will have on their business operations.
Gary Chrey, attorney representing Tom and Pat Myers and Myers Recreational Operations, Inc., DBA Hi -Joy
Bowl, stated the City Council did not present any justification for this tax increase nor did they specify how
the funds would be utilized. Mr. Chrey commended Mayor Weatherill for taking the action to invoke his veto
powers.
Council voted on the original amended motion, which was presented at the December 13, 1999 Council
meeting, to approve Ordinance No. 1770 amending Ordinance No. 1086, to comply with state mandate
decreases specifically to decrease bingo and raffle taxation and further increase punchboard and pulltab
taxation from three (3) percent to (4) percent and increase card game taxation from ten (10) percent to fifteen
(15) percent. Motion failed with two ayes and five nays. Council members Wyatt, Morrison, Geiger, Van Zee
and Powers voting nay. Mayor Weatherill's veto was upheld and Ordinance No. 1770 is null and void.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council requested staff prepare an
ordinance, which reflects the state mandated changes to the gambling taxes, reducing bingo and raffle tax
rates.
At 8:25 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:35 PM.
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council approved the consent agenda
as follows:
a. Minutes of the December 13, 1999 regular council meeting.
b. Claim warrant numbers 32029-32100 in the amount of $142,545.96.
December 27, 1999
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C. Ordinance No. 1789 amending the budget for the year 1999, ordering appropriation of funds
and authorizing a budgetary transfer.
The City Council set December 29, 1999 at 7:30 PM as the date and time for any interested citizens to join
them on a tour of the city to review residential and commercial holiday light displays for nominations of the
Holiday Season 1999 Good Neighbor Awards.
Mayor Weatherill and City Council members congratulated Police Sergeant McCarthy on completing and
implementing the AWC RMSA's police training requirements for the year 2000.
City Clerk Parks read portion of letter from AWC Risk Management Service Agency commending Sergeant
Dennis McCarthy's fine work and extra ordinary service to the department through his accomplishments as
the training office. He has positioned the Police Department to not only comply with 1999 standards but also
to be in compliance with year 2000 requirements.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council declared as surplus the
Public Works Well Probe and authorized the City Engineer to dispose of this instrument in the best interest of
the city.
At 9:05 PM Mayor Weatherill adjourned meeting.
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
I have directed the Clerk to place my veto of Ordinance No. 1770 on the next City Council agenda.
This will bring Ordinance No. 1770 back for reconsideration asset forth in RCW 35.23.211 (copy
enclosed)
Respectfully,
CITY OF PORT ORCHARD
Leslie J. Weatherill, Mayor
Enc.
Cc: City Attorney
CITY HALL
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