03/13/1978 - Regular - MinutesL
Port Orchard, Washington
March 13, 1978
Council of the City of Port Orchard, Washington called to regular session
by Mayor Paul D. Powers, Jr. Council members present: Eugene Caldwell,
Lee Caldwell, Robert Geiger, Margaret Jane Miller, Dave Libby and Leonard
Clark. Mary Wilson excused. Also present: Attorney Riehl, Engineer Knobbs,
Chief Mares and Chief Weatherill.
Mayor Powers led Council and the audience in the Pledge of Allegiance.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
the minutes of the February 27, 1978 meeting as circulated.
Jack Sanford, 2260 West Avenue, appeared before the Council concerning a
petition filed against him requesting that an investigation be made as to
whether Mr. Sanford is operating a roofing business in a residential zoned
area.
Mr. Sanford informed Council that he operated his business at a location
on Bay Street. His equipment has materials loaded on it overnight, there-
fore, he does have several pieces of equipment parked at his residence
overnight.
Mr. Sam Mitchell, 410 Goldenrod Street informed Council of the increased
traffic Mr. Sanford creates in this residential area by parking business
equipment at his home.
Mr. Nels Roinas, 2201 West Street also spoke to the Council concerning the
increased traffic and noise that is created by Jack Sanford keeping his
equipment at his place of residence.
Mayor Powers referred the matter to Street and Alley Committee for investi-
gation as to what traffic and noise problems are being created by Mr.
Sanford.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved Fire Department expending $300.00 to update radio frequencies
subject to the monies being available in the Federal Shared Revenue Fund
Budget.
Engineer Knobbs reported to Council that the applicants for the position
of Assistant City Engineer have been interviewed and the hiring Committee
has chosen Ben Long. Mr. Long will commence work with the City on Wednes-
day, March 15, 1978.
Councilman Geiger questioned Clerk and Engineer as to increased cost for
inspection by Entranco Engineers. Mayor instructed Attorney to establish
whether the contract with Entranco Engineers is a "closed contract" or an
"open end contract".
Russ Lombard questioned Council as to whether Granat is or is not a City
Street. Mr. Lombard can find no legal description showing ownership by
the City. Mayor referred matter to the Street and Alley Committee for
.investigation.
Clerk read letter from General Accident Group to Terry McCluskey, City
Attorney, regarding Exxon Co. U.S.A.'s damage claim against the City,
stating "considering the nature of the contract language, it is not expected
that the Company can be held liable for "legal costs, attorney's fees and
damages, etc.""
Clerk read letter from Kitsap County Bank regarding the public access side-
walk around their building. The bank has been receiving some vandalism
in this area. If the vandalism continues, they intend to fence the side-
walk area and make it a "No Trespassing" area to the public. After much
discussion, Mayor Powers, Council members and Chief Mares agreed it would
be acceptable for the bank to close this area in the evening, but it should
be open for public access during daytime hours.
Clerk read letter from Karen Tonder, Community Based Learning Specialist,
Frank Givens Community School, requesting scheduled use of the tennis courts
ballfield and picnic area on Monday afternoons from 3:15 to 4:15 starting
the week of April 10 and ending the last day of school,June 9. After much
discussion, Council stated that this is a public area and there is no way
in which scheduling could be handled. Mayor instructed Clerk to notify
Ms. Tonder that they have permission to use this area but the City cannot
reserve it for their special use.
Council also discussed the original agreement with Givens School to use
City park property for school use in exchange for mowing and fertilizing
of the ball park area. The school has not been fulfilling the agreement.
Council felt Engineer Knobbs and City Clerk should draw up a schedule of
gardening and fertilizing needs and advise the school the City expects them
to maintain their agreement.
On motion by Councilman Libby, seconded and carried, Council. approved Mayor
sign the new three (3) year labor contract with Local #2052, American
Federation of State, County and Municipal Employees, Washington State Council
of County and City Employees, AFL-CIO.
On motion by Councilman Geiger, seconded and carried, Council authorized
expenditure for services rendered to date by Dick Burt, regarding uniformed
employees --Teamsters Union.
On motion by Councilman Geiger, seconded and carried, Council instructed
Clerk to notify Dick Burt his services are terminated as of this date and
authorize the City Attorney to continue investigation into uniformed
employees --Teamsters Union matter.
Clerk read letter from David Corn, Probation Officer, regarding matter of
court ordered payment for damages done to police car by Madison Rollings.
Mr. Corn requests that the City of Port Orchard sign an extension agreement
to alter the payment date from April 6, 1978 to July 1, 1978 to enable Mr.
Rollings to obtain a drivers License which he must have to find employment
and subsequently allow him to pay his debt.
After much discussion, Councilman Eugene Caldwell moved to not grant an
extension for payment of damages. Motion: lost with one aye and five nos.
Councilman Eugene Caldwell voting no.
Councilman Lee Caldwell moved that Council authorize Mayor to sign agree-
ment extending Madison Rollings payment date from April 6, 1978 to July 1,
1978. Monthly payments would also be acceptable to the City of Port Orchard.
Seconded and carried, with five ayes and one no. Councilmen Eugene Cald-
well voting no.
Clerk read letter from Elliott Swanson, Librarian, notifying Council that
Herman Nelson's term as a board member expires. March , 1978. Mr. Nelson
chooses not to serve another term. The Board would like to suggest Helen
Almy to fill the vacancy.
On motion by Lee Caldwell, seconded and carried, Council approved the
appointment of Mrs. Helen Almy to the Kitsap County Library Board.
Mayor instructed Clerk to write letter to Mr. Herman Nelson expressing the
appreciation of the City of Port Orchard for the excellent job he did as a
Board member.
Councilman Geiger read letter he received from the Environmental Protection
Agency in answer to his letter regarding the proposed joint sewer treatment
Plant with Sewer District 5. The letter from EPA did not answer questions
asked by Councilman Geiger. Mr. Geiger stated he would write another letter
to our Senators requesting his questions be answered.
On motion by Councilman Geiger, seconded and carried, Council approved the
payment of balls (Vouchers #4239 - $4345 in the amount of $233,667.49 and
the February payroll in the amount of $40,673.97.
Meeting adjourned-- t 9:25 P.M.
Clerk Mayor
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