03/28/1983 - Regular - MinutesPort Orchard, Washington
March 28, 1983
Council of the City of Port Orchard, Washington,called to regular
session by Mayor Lee F. Caldwell <.'Council members `present: ' Clauson,
Childress, Wilson, Geiger, Miller,.Grosso and Clark. Also present:
Attorney McCluskey, Police Chief,,Trotter,`Engineer`Curles and Fire
Chief Snow.
Councilman Clark led the Council and Audien.ce�in`the Pledge of
Allegiance.
On motion by Councilman Wilson, seconded and carried, Council` approved
the minutes of the March 14, 1983 meeting as°'circulated with the
following correction: Page 1,` paragraph.11;'`,monetary compensation be
paid twice monthly.
On motion by Councilman Grosso, seconded and carried,..Council":approved
Ordinance No. 1230 amending Ordinance No.�:1229'relative 'to increase
in speed limit.
Councilman Clark moved to :remove from table, 'motion relative to Judge
Dolan's proposed, 'P,rgfessiona:l Serv"ice.s`'Contrac.t, `seconded`. and' carried.
On motion by Councilman Clark,' seconded"and carried, Council accepted
Judge Dolan`s Professional"xService Contract`as revised by'the City
Attorney.
City Attorney reported "the City of 'Pont Orchard"and Fire Chief"Snow
have been dismissed from case filed'in-United',States'District Court
by Williamsburg Steel Products Comp.any,Inc. relative to South Kitsap.
High School.
On motion by Councilman Clark,' seconded'and`carrie'd, Council declared
1966 Ford Van (red) surplus and authorized City Engineer to dispose
of this vehicle ,in best; interest of City.
City Engineer reported he has reviewed South Sound`` Sanitation.'Contract
relative to required maintenance of receptacles. The contract does not
specifically set forth maintenance "requirements, however, he has`
written South Sound Sanitation requesting they `'`inspect and maintain
receptacles within the City,..
On motion by Councilman Clark,.` seconded and carried, Council approved'
the reappropriation of unexpended Federal Shared Revenue Monies
(199-522.10.64 Fire Dept Car) in the amount of $668.00,'for the purchase
of a new typewriter for"the Fire Dept... Council further authorized Fire
Dept to trade in IBM typewriter_ toward `purchase,of`this new typewriter.
At this time Mayor Caldwell opened Public Hearing relative to appeal
filed by Paul S. Buettgenbach, East;Port Orchard Towing regarding
action taken by Police Department.
City Attorney McCluskey stated'he had been approached by Councilman.
Clauson as to possible "Appearness of .Fairness"'on matters pertaining
to this hearing. Councilman Clauson's brotherhas.in the past owned
another local towing company and is presently involved in the towing
business as an employee. When.questioned.b,y'"`City Attorney as to any
objections to Councilman Clauson's participation in hearing process
or voting on matter, Mr. Paul Buettgenbach.stated he had no objections
to Mr. Clauson's participation.' -
Chief Trotter cited specific violations of Resolution:No. 1.244:
(Regulations'for Towing Companies operating within the city limits)
which were basis of action resulting:in East Port Orchard".Towing's jn
removal from towing company ro_t"ation `list.
Paul Buettgenbach disputed alleged violations'-of:towin!g-rggulations�as
set forth in Resolution No. 1244 and questioned procedures of Police
Department.
Eugene Larson presented testimony relative''to'a civil action suit he
has filed against East Port Orchard Towing. Mr. Buettgenbach objected
to Mr. Larson's testimony and City Attorney ruled Mr. Larson's testimony
irrelevant to hearing. Mayor Caldwell dismissed Mr.. Lar.s.on,and _.
instructed Council to disregard_.his testimony.
On motion by Councilman Clark,`seconded 'and carried, Council denied
appeal of Police Department action as filed -by Mr. Paul Buettgenbach
owner of East Part Orchard.Towing Company'. (Complete hearing on tape
dated 3/28/83)
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