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HomeMy WebLinkAbout08/10/60 August 10, 1960 Regular meeting of the City Council of the City of Bremerton, Was.htngton, was held in the Council Chambers, City Hall, at 10:O0 o,clock A.M., Wednesday, Augmst 10, 1960 with Mayor Domstad presiding. Present were Commissioner Clark, Commis- sione~ Schoneman, City Clerk McGowan, City Attorney Holland, City Engineer Fortman and Water Supt. Humble. Also present were representatives of press and radio. Motion by Mr. Sch0neman and Mr. Domstad to approve minutes of August 3, 1960 as written, carried. August 10, 1960 (Con't) Clerk stated this was time and place for opening bids for fence material for l~th & Warren tennis courts and one bid had been received. Motion by Mr. Domstad and Mr. Schoneman to open the bid, carried. Clerk opened the bid and read from Cyclone Fence Co., cash enclosed as deposit in the amount of $60.00, bid of $1,190.00. Motion by ~.~r. Schoneman and~Ir. Domstad to postpone the award at the present time for further study, carried. Clerk presented no~ices of employment for: Donald Olson, Cemetery, at $1.81 per hour, Babette Powell, Clerk's Office at $1.65 per hour, Ruth G. Austin~ Clerk's Office at $1.85 per hour and Thomas L. Wagner, Park and Recreation Dept. at ~1.~5 per hour. All extra labor. Motion by Mr. Schoneman and Mr. Clark to approve the employments, carried. ~ Clerk read letter dated August 4, 1960 to Mr. Fortman from C.C. Southerland, Secy-Chief Exmainer, Civil Set, ce Commission, which stated the Commission has approved the reclassification of Ronald G. Fijalka, Engineering Aide II to the Classification of Civl Engineer II; and that the examination is waived since the availability of qual- ified personnel to fill this position is limited. Clerk read letter dated August 2, 1960 to the City Council from City Er~gin~er Fortman submitting reclassification of Ron FiJalka from Eng. Aide II to Civil Engineer II at $454.00 per month. This reclassification is to fill the vacancy created by the resignation of Robert McGinnls. Clerk then presented notice of change in pay status for Ronald G. Fijalks, Engr. Aide II to Civil Engr. II at $454.00 per month, effective August l, 1960. Motion by Mr. Schoneman and Mr. Domstad to approve the change in pay status, car- ried. Clerk presented notice of change in pay status for Laurance Francoeur, Lieuten- ant, Fire Dept., $443.00 plus $10.00 longevity, effective August 13, 1960. Moti6n by Mr. Domstad and Mr. Schoneman to approve the change in pay status, carried. Clerk presented report of separation for Elmer LeRoy Maiden, Groundskeeper, Park and Recreation Dept., effective August 15, 1960. Motion by Mr. Domstad and Mr. Clark to approve the separation, carried. ~lerk stated it was recommendation of Water Department to make award to Instru- ment Laboratories, Inc., to install electrical control.'~ system for the Water Dept. for $13,910.60, the low bidder. Motion by Mr. Schoneman and Mr. Domstad to award as recommended, carried. Clerk read letter dated August 10, 1960 to Mr. Schoneman from Mr. Humble, which stated the Water Dept. has in stores 30 straining devices known as fishtraps acquired during Work War II when the war housing developments were under construction and it was anticipated they would be installed in conjunction with the larger master meters used then; however, those have never been used and authorization requested to declare them surplus and to negotiate disposition from time to time as the opportunity occurs. Motion by ~r. Schoneman and I~Ir. Clark to declare these devices surplus and they be disposed in the best interests of the city, carried. Clerk read Ordinance No. 2401, "An Ordinance amending Use and Area Naps of Ordin- ance No. 1792 and declaring an emergency." Motion by Mr. Clark and ~Ir. Schoneman to pass Ordinance No. 2401 carried unani- mously. Clerk read Notice to Donald A. Richards, 2411 - llth Street, of unsafe sidewalk located in Lot 17, Block 4, Sunnyside Addition and then read Resolution No. ll09 giv- ing Mr. Richards until Sept. l~, 1960 to make repairs; a~o setting Sept. 14, 1960 as date to hear protests; and if City makes the repair, then Nov. 16, 1960 set as date to hear protests on assessment roll. Motion by Mr. Cla~rk and Nr. Domstad to pass Resolution No. ll09, carried. Clerk presented claim voucher from Lent's, Inc. on X-29, Storm Sewer Constr. Fund covering Estimate No. 2 (~etained Percentage), $637.67, approved by W.L. Fortman. Noticn by Mr. Schoneman and Mr. EOmstad to approve the claim voucher, carried. Clerk read statement dated August 4, 1960 from Taylor and Bruckart, Inc., cover- ing receipt of ~215.54 for stumpage and pulpwood production for July, 1960; approved b by E.G. Humble. Clerk read Contract change order agreement No. 2, Sixth Street Storm Sewer Pro- ject, No. X-8, with Blossom Bros., to delete sewer lines 2 and Z, and manhole D-l, and one cleanout; add 19~,8" sewer in alley between Farragut and Rodgers (Page 4 of 6, on plans), net total decrease $198.65, signed by Blossom Bros, and Engineer Wil- liam L. Fortman. Notion by Mr. Schoneman and Mr. Domstad to approve the change order, carried. August 10, 1960 (Con't) Clerk read letter dated August 5, 1960 to ~ity Council from City Auditor Vaa which stated it would be necessary to establish a construction fund and to appro- priate $125~000.00 for Sixth Street job which amount the State is to reimburse the City. Clerk read an ordinance, first reading, "An Ordinanc~ establishing a fund to be known as the "Sixth Street Reconstruction Fund"; providing for appropriations of money and, specifically, the purpose for which money from said fund may be expended; and declaring an emergency." Motion by ~r. Schoneman and Mr. Clark to approve the ordinance on first read- ing, carried. Clerk read letter addressed to Mayor Domstad from L.R. Durkee, Director for Northwest Operations, Housing and Home Finance Agency, dated August 8, 1960, thank- ing the Mayor for remembering him on the occasion of the dedication ceremonies of the new city hall; and stating he was glad to know his office had a small part in expediting the construction and occupancy of the new municipal building. Mr. Clark stated he had been quiet as long as he could relative to the court decision on the Manette Reservoir Case which had been made some time ago, that he had been satisfied with the decision but after reading of the case in the newspaper he could no longer ignore it; that he understood the City Attorney was going to ap- peal the decision of the Superior Court and he did!:not favor an appeal being made and understood Mr. Schoneman did not wish to have an appeal made; and that no dis- aussion had been held on the appeal. ~ayor Domstad commented that no one had made any ~ectsion on the appeal and there, has been no discussion on this matter. Mr. Holland stated he was taking the procedural steps in order to abide by the City Council's previous decision; that he believed the Judge's decision was ~rong and he was going to argue that it was wrong and ask the Judge to set aside his op- inion that the City could not enter into an agreement to settle these conflicts. Mr. Clark asked if it was the City Attorney's responsibility to appeal even when he knew the majority of the Council didn't want him ~o and that is he were to a~k the City Council he would get a clear decision, at least on a majority basis. Mr. Holland stated he was duty bound by his oath to do everything he could for his client and th at the procedural steps he was taking would make it possible for the City to appeal the decision in the event it decides to do so. Mr. Clark stated if in fact it was necessary for the City Attorney doing what had to do by virtue of his oath of office then Mr. Clark stated he apologized and was satisfied. Mr. Schoneman commented he had had no discussion on the appeal with anyone. A lengthy discussion of the merits of the decision of the court was entered in~o. Clerk presented claim voucher from Blossom Bros., Project X-8, Storm Sewer Const. Fund, Estimate No. ~, SZS,76B.89,. approved by ~[r. Fortman, audited by W.H. Vaa. Motion by l~r. Schoneman and Mr. Domstad to approve the claim voucher, carried. Mr. Thomas L.Gullikson, representing AAA, presented a plaque to the City of Bremerton signifying that the City has gone two years without any pedestrian deaths within its limits. Mr. ~cGowan brought up the matter of the appeal on the reservoir case again and further diocussion was held. Mr. Holland went through the 0ackground of the entire case and concluded Oy saying he would like to go into executive session and go over the entire corres- pondence. He said also that after Monday he will have briefs and other papers for reviewing and the Council could decide whether or not to appeal; that the court doesn't often change its decision on these matters. ~r. Schoneman gave a progress report on alley improvements by oiling as well as two street improvements. Mr. Schoneman stated he was going to attend the American Public ~orks Conven- tion in New York City and would not be present at next Wednesday's Council meeting. Motion by Mr. Don~tad and Mr. Clark to pay all bills that are approved by a majority of the Commissioners, carried. Meeting adjourned. APPROVED: Cit~ Clerk Mayor