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03/09/1998 - Regular - MinutesPort Orchard, Washington March 9, 1998 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, 216 Prospect Street. Councilmembers present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee, and Stansbery. Staff present: Deputy Clerk Merlino, Police Chief Mathews, City Engineer Curles, City Clerk Parks, City Attorneys Hanson and Ryan, and Fire District 7 Contract representative, Assistant Chief Snow. Councilman Stansbery 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. Jerry Rotondo, Regional Manager for Falcon Video Communications, advised Council of the Federal Communication Commission ruling which allows the cable operators to include the franchise fee of 4% into the gross revenue calculations. Mr. Rotondo stated Falcon Cable will exercise its ability to include the 4% franchise tax in gross revenue calculations, unless the City requests Falcon Cable not to. The new calculation method would allow the City to realize a revenue increase of $89.00 per month while the citizens of Port Orchard would realize an increase in their monthly bill of $0.06. On motion by Councilman Geiger, seconded by Councilman Morrison, Council moved to not include the franchise fee of 4% in the gross revenue calculations and use the same method of calculating gross revenue as Falcon Cable has in the past. Scott Daniels, Assistant Director of the Environmental Health Division for the Bremerton-Kitsap County Health District, updated Council on four Health District issues that are currently facing the City. ❑ The first issue for discussion relates to health issues associated with the Declaration of Health Hazards in Gorst. Mr. Daniels advised the Health District has not been active in the ULID process and suggested the City contact George Mason at Kitsap County for further clarification. ❑ The second issue for discussion was the proposed ordinance submitted by the Bremerton- Kitsap County Health District regarding Marina Sewage Control Regulations. Mr. Daniels advised this draft ordinance applies to marinas in Kitsap County and the control of sewage generated by vessels, houseboats, and floating structures. At this time of the meeting Mr. Daniels introduced Dr. Michelle Miller, Program Supervisor of the Solid and Hazardous Waste Program for the Bremerton-Kitsap County Health District. ❑ Dr. Miller discussed the third issue regarding the new Biosolids Management Regulations which provide for disposal of biosolids. ❑ Dr. Miller addressed the final issue regarding abandoned landfills in Kitsap County. Dr. Miller advised a letter from the Health District was mailed to owners of all known abandoned landfills in Kitsap County. The purpose of this letter was to notify owners that a landfill was located on their property and that there may be restrictions for future development. March 9, 1998 Page 2of3 Mayor Weatherill thanked Dr. Miller and Scott Daniels for their presentation and update on current Health Department regulations. Councilman Clauson moved to approved Ordinance No. 1716 establishing procedures to tow cars that owe excessive parking fees, seconded by Councilwoman Powers. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council tabled proposed Ordinance No. 1716 to the March 23, 1998 Council meeting for further review by City Attorney. City Engineer reported on bid opening held March 3, 1998 at 4:30 PM regarding construction of the new City Hall. City Engineer requested Council hold the bids over to the March 23, 1998 Council meeting. This action will allow for a complete and full recommendation by the City Attorney, City Engineering Department and staff architects of the Farm Home Loan Administration,. Councilman Stansbery, Public Safety Committee Chairman, moved to deny request as submitted by Dr. Howard Minor to develop a Crime Prevention Program. The Council noted the City has been successful in working the County -wide Crime Stoppers Program, seconded by Councilman Van Zee and carried. On motion by Councilman Clauson, seconded by Councilman Stansbery, Council approved the following consent agenda items: a. Minutes of the following Council meeting: (1) February 23, 1998 regular meeting (2) February 18, 1998 continued zoning code meeting (3) February 25, 1998 continued zoning code meeting b. Approval of Claim Warrants Number 28388-28482 in the amount of $119,606.20 and February, 1998 Payroll Warrants 128993-129154 in the amount of $184,555.24. C. State of Washington Interlocal Cooperative Agreement #ICA-98077 to provide reimbursement of costs associated with rewiring the Municipal Court for the upgraded computer system. d. State of Washington Interlocal Cooperative Agreement #ICA-98091 providing reimbursement of costs associated with replacement of Municipal Court computer equipment. On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council authorized staff to prepare a draft ordinance reflecting the changes to the Port Orchard Municipal Criminal Code, as recommended by the City Attorney. March 9, 1998 Page 3 of 3 On motion by Councilman Geiger, seconded by Councilman Morrison, Council adopted Resolution No. 1801 authorizing the Mayor to sign Wire Transfer Agreement and Authorization for the City of Port Orchard to transfer funds from and to Kitsap Bank. Police Chief Mathews reported he has applied for LEOFF I Disability Leave and anticipated to be out for approximately 2 to 3 months. Chief Mathews has directed Sergeant Loflin and Sergeant Duncan to share administrative duties for the Police Department in his absence. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City Engineer to advertise for a consultant to design the traffic signal at the Tremont Street and Port Orchard Boulevard intersection. Council designated the week of June 8, 1998 as Spring Clean-up week. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to sign Project Management Agreement between the City of Port Orchard and Department of Transportation regarding the Bethel Wye Round -a -bout. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the staff to contact Dennis Reynolds, Attorney At Law, who has been chosen to act as the City's representative, if the City files an appeal to the Kitsap County Comprehensive Plan. On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council excused Councilman Clauson from the March 23, 1998 Council meeting. At 8:50 PM Mayor called for a 10 minute recess with meeting reconvening into an Executive Session for 5 minutes to discuss contract issues. The Executive Session was extended an additional 55 minutes. Mayor Weatherill reconvened meeting into regular session and a ' urned meeting at 9:50 PM. Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL- MAYOR