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HomeMy WebLinkAbout01/04/50 January 4, 1950 Regular meeting of the City Council of the City of Bremerton, Washing- ton was held at ten o'clock A.M. January 4, 1950 in the Mayor's Office, City Hall, Bremerton. Mayor Kean presiding with Commissioner Haddon, Commission- er Wheaton, City Treasurer Nutter, City Attorney Wallace and City Clerk McGowan being present. Motion by Mr. Kean and Mr. Wheaton to approve minutes as written for December 28, 30 and 31, 1949 carried. Clerk stated it was date and time for hearing on a petition to vacate an alley in the City of Bremerton, adjacent to and abutting Lots 5, 6, V'~and Block l, Manette Improvement and Development Company's First Addition to De- catur and that no protests,had been received. Clerk then read proposed ordinance, first reading, vacating an alley ad- jacent to Lots 5, 6, 7 and 8, Block l, Manette Improvement and Development Company's First Addition to Decatur. Motion by Mr. Kean and Mr, Wheaton to approve the ordinance on first reading carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Reports of separations were read by Clerk for Violette M. Denton, Clerk's 0fiice and Daniel E. Haley, Water Department. Motion by Mr. Kean and Mr. ~heaton to approve separations as read carried. Changes in pay status read by Clerk for Arnold Halpern from $225.00 to ~7245.00 per month; Fred S. H~w~rd, from $275.00 to $285.00 Engineer's Depart- ~ent. ~otion by Mr. Kean and Mr. Wheaton to approve the foregoing changes in pay carried. Clerk read notice of employment for Delores ~. Thoemke at ~1.~8 per hour, Park and Recreation Department. Motion by Mr. Kean and Mr. Wheaton to approve the temporary non-civil service appointment carried. Clerk read letter dated December 3, 1950 (Apparently misdated) to Mayor Kean from U.S. Army and U.S. Air Force Recruiting Station Bremerton, recBest- lng permission to have four Camden Signs displayed on public sidewalks at four locations (1) 245-4th Street Building, (2) in front of the Main Post Of- lice, (3) between Burwell and Sixth on Callow Avenue (4) in front of the Sheridan Park Post Office. Letter further stated that verbal permission was obtained at an earlier date by this office to have signs displayed in these locations and request written permission. Mayor Kean stated he had never given verbal permission for placing these signs and on more than one occasion have asked the Recruiting Service to re- move the sign in front of the 245 4th Street Building. Clerk explained that the Postmaster had been asked by the Recruiter if he had any objection to a sign in front of the Post Office and according to the Recruiter, had been informed the Postmaster had no objection. Mayor commented that Ralph Purves had stated he had no objection to a sign in front of the 245 4th Street Building. Mr. Wheaton.stated he had not given verbal permission for the placing of these signs. Merrill Wallace advised that if the City were to allow the signs, the City would be placed in position of assuming liability in event of a claim arising from an injury. The traveling public should have freedom of the sidewalks. He said it is the City's duty to keep the sidewalks clear and whether permission is given or not the City would be involved in liability in event oI' an injury. City Attorney then recon~nended that the signs be moved off 'the sidewalks ane suggested one could be put in Chamber of Co~mmerce win- dow and one on the Post 0I'fice lawn. The question arose as to whom had jurisdiction over sidewalks. Mr. Wheaton said this has not been definitely determined in Bremerton but they should be under the control of the City Engineer. Motion by Mr. Kean and ~r. Wheaton to denty the request and refer the matter to the City Clerk and Purchasing Agent to communicate with them on the basis oi' the Attorney's recommendation, carried. Clerk mentioned that the matter of other signs on sidewalks shoul~b e considered, as oil companies had signs on sidewalks and parking strips. Discussion was held on various signs which seem to ~ in violation of freedom of the sidewalks and which block vision of car drivers. Mayor Kean asked what kind of permission was granted to the Chsmber of Co~mnerce to place a pole on the sidewalk. ~It was mentioned that~ someone had been tnuured after the pole ha~ been taken down and a riser left on the side- walk an~ t!~en the riser had been covered up at the request oi' the City. Mayor Kean said he ha~ been advised in the past that the City does not have the proper type of sign ordinance to cover this matter. Motion by Mr. Kean and Mr. Wheaton that the matter of the signs on side- walks be refferred to a committee with the City Engineer as chairman, and SiS January 4, 1949 (Con't) Captain Phillips of Traffic and Mr. McLeod, Building Inspector, i'or a study and recommendation carried. Clerk ream letter dated December 30, 1~49, addressed to the City Clerk from the Corpos of Engineers, U.S. Army, Walla Walla District, enclosing a copy of Invitation for Bid for leasing of a portion of a government-owned store building and asking for the City Clerk post this invitation in a con- spicuous place on the bulletin board and notify the Army when this has been accomplished. Clerk stated he would see that this waa done and will so ad- vise them. Mayor stated the contents shobld be noted and matter be referred to the City Clerk. Clerk presented a claim f~r expenses from M.G'. McLeod for private car expense to a convention in Olympia for $11.20, and explained that the~avel expense item in the Building Department Budget for 1949 had been exhausted; however, it is permissible to over-run when there is sufficient money in the bracket and in this case there is suI'ficient, It is too late to make a transfer, however. D! Discussion followed and Mr. Wheaton stated Mr. McLeod took a private car instead of a City car in order to avoid tying up the Building Depart- ment by shorting them on a car, and that he had asked Mr. McLeod to go in his place. He suggested that )he expense ~money be taken from his own bud- get. Motion by Mr. Wheaton and Mrs. Haddon to approve the~claim and to take it from Mr. Wheaton's expense account carried. Clerk presented a claim voucher from vernon Neaterour for a used ~iren and red light for the Police Traffic Divisio~ and s tared ~r. Neaterour had asked that the money be given to him as soon~.as possible as he was hard pressed. Mayor stated this b$11 would be allowed. (Motion was made later in meet- ing to pay all bills presented.) A report on nuisances, their control an~ a~atement i~ the State of Washington was presented by the Clerk, received fro~ the Association of Wash- ington Cities. Mayor stated he had received a copy of thiu report, and the City At- torney had also received one. Clerk read Ordinance No. 1862, second reading, defining the crime of vagrancy and fixing penalty therefor. Motion by Mr. Kean and ~Ir. Wheaton to pass O~dinance No. 1862 on final reaming carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Clerk recommended that the typewriter and adding machine service bid be awarded to Iow bidder, the Tri-County Typewriter Company. Motion by Mr. Kean and Mrs. HadSon to concur in the recommendation an~ bid be awarded to the lowest bidder carried. Clerk°read letter dated December 30, 19~9 addressed to the City Clerk from Superintendent oI' Water, anm approved by Mr. Wheaton, relative to the contract award for supplying chlorine and mnmonia i'or 1950. Letter stated that the bids were alike except the delivery point for Shell 0i~ Company is in Seattle; and that the Water Department is required to supply its own trans- portation of ton cylinders of chlorine and to pick up both chlorine and am- monia from the same place would eliminate freight charges. Recommended bid be awarded to Pennsylvania Salt Manufacturing Company of Tacoma for both products, thereby eliminating Shell 0il Company. Hooker ElectrOchemical was the supplier last year and it has been the policy to alternate between Pe~- sylvania Salt and Hooker Company. 0ity Clerk commented that the Water Department had recently purchased a 3/4 ton pickup truck for the purpose of transporting chlorine and that he considered ~ro Casad had made a good recommendation and concurred in it. Motion by Mr. Kean an~ Mr. Wheaton that the recommendation be concur- re5 in and award be made to the Pennsylvania. Salt Manufac~urlng Company, Carried. Clerk stated the Shell Oil Company has made the best offer on furnish- ing gasoline smd, although they did not fill out the City's proposal l'orms, he said he was willing to as~ that this ~e waived as other companies had not used our ~orms or had used our form and their own, also. Clerk said he had been informed by several oil companies that their ~'fices insisted they use their own £'orms. Shell Oil is low bidder and Clerk said he reconm~ended they be awarded the contract for 1950. Motion by Mr. Kean and Mr. "h~aton to concur in the recommendation and award the gasoline bid to Shell Oil Company carried. January 4, 1950 (Con't) Letter dated January 3, 1950 from Grant Lumber Company, Route 3, Box 616, Port Orchard, addressed to the City Council, was read by Clerk, asking if the City was contemplating selling any timber on the watershed now or in the future, and that they would like a chance to give a figure. Motion by Mr. Kean and Mrs. Haddon to refer the communication to the Con~issioner of Public Works and Utilities carried. City Clerk stated he had seven resolutions presented by the Puget Sound Power and Ligh~ Company, together with a contract for pumping power and transI'ormer rental, covering Lift Stations Numbers 1,' 2, 3, 3A, 4, 5, 6 of the Manette Sewage System. He said these have been approved by Mr. Casad and possibly should have been approved by the City Attorney. Mr. Wheaton commented that theymeet with his approval, and these con- tracts give the City the lowest rate for pumping power. Clerk handed the City A~torney a copy of the resolution anm contracts so that he could study it and give his approval. Clerk stated he wasn't at th~ last Council meeting but wanted to C all to the Council's attention that the City could get increased limits on lia- bility insurance from the United PaciI'ic Instance Company up to certain limits, and if more was desired, then Hayward's Insurance Agency could get additional cove?age through Lloyd's. Clerk said he was informed that the United Pacific would cover the City up to $25,000.00/$25,000.00 on liability. The'binder given the City by the United Pacii'ic is for the same limits as on last year's policy. Motion'by Mr. Kean and Mrs. Haddon that the coverage ~e increased to $25,000.00/$25,000.00, Carried. City Attorney'commented he would like to see the City go'up to $50,000. on public liability if the premium isn't too high. Clerk read letter dated January 3, 1950 from Mer~lll Wallace, City At- torney, to City Clerk, relative to call forbids on casualty insurance, in which the deductible feature was discussed, and stated that the greatest saving would be on the $50.00 deductible provision. Also, discussed in the letter, was the cost of coverages above $10,000.00 and suggested that alter- nate bi~s might be requested on various coverages above $~0,000.00. ~he last item brought out in the letter was relative to splitting the co=missions maong the members of the Insurance Association of Kitsap County, and that the Attorney did not believe it would be legal for the City to in- sert such a clause in its call for bids. A short discussion followed relative to the deductible provisionbut no'action was taken by the Council. City Treasurer Nutter gave his annual comparative parking meter report of 1949-8, stating that the total amount received from 54V meters was $49, 089.90 in 1949, averaging $89.74 per meter. In 1948 from 551 meters the amount of $48,892.62 was received, for an average of $88.V3 per meter. Mayor Kean Stated t~mt the present meters wre getting old and it takes about three'people to keep them operating and that machinery shouldbe set up so the City can purchase one-third for replacement in 1949. Study of Tureet Meters and Miller Meters on the streets of Bremerton have indicated not too'much difference in operation of the two meters. The matter of speci- fications for replacement meters will be studied. City Attorney reported that in the case of Horn vs the City on his claim for alleged damages received by the City removing gravel from his pro- perty without permission, Mr. John Guy has ~ntacte5 the City stating he owns property in that area on which he holds an unrecorded deed. ~r. Fulmer has mame appraisal on certain lots only and now the City de- sires to purchase~,;more property than has been appraised. Attorney suggested an appraisal be orderem on all lots in Block ~, Leibly and Blumer,s Addition except Lots 14 to 21 inclusive, which the City already owns. Attorney said he has asked for a stay in this case and will have to change his suit. Motion by Mr. Kean and Mr. Wheaton that the matter of Horn acquisition and condemnation be referred to the Co~nissioner of Public Works anm Utilities carried. Mayor Kean reported that the U.S. Navy desires City of Brm~erton to put in a measuring station at the ~est Bremerton Sewage Treatment Plant; however, the Mayor has informed the local naval base and shipyard that this is too great an expense and the Navy may install this machinery if it so desires. Also, the cost of operation would be about $~0,000.00 per year, whereas'the Navy would probably only be paying the City $6,000.00 to act as its sewage agent. Mayor read a letter from the Navy requesting a meeting in the future be- tween the Navy~anm the.City to discuss the terms of a contract covering the treatment of the Navy's sewage by the City. The Sewage Committee, composed of the City Engineer, City Auditor and City Attorney, plus the Committee of the Whole will meet on the proposed contract. 320 Sanuary 4, 1950 (Con't) City Attorney stated in connection with the resolutions and contracts presented earlier in this meeting by the Puget Sound Power and Light Company for furnishing power and ~ransformers that he hag no comments except that the contract bin~s the City for five years but if they sell their company, then the contract~will not hold. The five year clause is the only thing the At- torney said he could object to; however, there is a monopoly here and cannot buy power from anyone el~e. ~urther discussion was held on this point and Mrs. Haddon stated she would like to see a clause in the contract in which the City coul~ also can- cel 1I' so desired. City Attorney further stated that this objection he brought up was not too important as the Puget Sound Power and Light Company is the only supplier. The Nayor co~uented that he believe~ the Council was in accord that if i~ were possible I'or the City to acquire the light company holdings in the City of Bremerton in'advance of P.U.D. that it would like to do so an~ that i~ would be nice to have another utility similar to the Water Department. Clerk co~nented that these contracts are not ~ust for supplying power but for supplying power at a certain rate. If the rates go higher the City has the right to cancel the contract. ~rs. Had~on said that in view of the fact that the contract is for rates that she would not press for a cancellation clause for the City. Clerk read Resolution No. ?17 covering Lift S~ation No. i of the Sew- age Disposal System located at Trenton Avenue ant Shore Drive, Resolution No. ?18 covering Lift Station No. ~ at 1~8 Leto, Resolution No. ?19, Lift Sta- tion No. ~ at 19th and Olympia, He~olution No. ~0; Lift Station No. ~A, North End of'Snyder Avenue, Resolution No. ~l, Lift Station No. ~, North EnA of Park Avenue, Resolution No. ~, Lift StAtion No. 5, g~99 Highland Avenue, Resolution No. T~, Lift Station No. 8, 1~9 First Street~ Notion by Nr. Kean and ~1r. ~"heaton to pass all the Resolutions and Chat ~he ~ayor and City Clerk ~e authorized to sign the contracts carried. Nr. ~heaton reported that it was necessary to s tart up two pumps in the ~ater Supply Department because the demand was exceeding the output and the reservoir was dropping. He said this was probably due to people leaving their faucets open too wide during the cold weather an~ that it was not nec- essary to have them running'full in order to prevent freezing in the pipes. Nayor Keanbrought up the subject of pinball machines and asked if the Council wanted ~o get into the pinball and business tax problem at this time. ~irs. Haddon said that Prosecuting A~torney Nunro had told her the City would have no right to return to the pinball operators the unearned portion of license fees, when the pinball machines are no longer allowed to~:operate. The City Attorney said this would be a matter of policy of the City Council whether the City wants to ~efund and doesn't believe that there is any legal decision in the State of Washington un,er which they could recover. Aayor said some of the things about which he was wondering was whether the City should wait and see wha~ other Oitie~ are doing abou~ gambling'de- vices and wl~at the loss of revenue would do to the budget~. The Council came to no definite decisions on these matters. City AttOrney contmented that from a legal standpoint the one-ball games and five-ball games wlth automatic payoff or any payoff are illegal. Pro- secuting Attorney would have the right to prosecute any violators after Jan- uary l~th. Attorney sa!d he had a legal opinion ti~at five-ball games without automatic or other payoff is considered in many states as a game of skill. ~otion by Nr. Kean and Ars. Eaddon ~hat all bills be allowed if approved by a ~ajority of the Commissioners, carried. The following students were present at the Council meeting from Coontz Junior Hlgh School, 9-B, Donald Johnson, Lorna Peterson and Cleann Ockerman, and are students of goverrLment. The Nayor brought up the question that if the City could set up some little plant at NcKenna Falls, could the City buy power from Tacoma or Bonne- ville District. Discussion held and ~ayor explained further his question and then asked the City Attorney to look up ~his matter. Nr. ~heaton discussed the possibilities of getting more water sources available an~ said would like to get the Council,s approval for anything he might be able to do in this connection. Nayor stated t~at under his power Commissioner of Public Works and Utilities he already had sufficient author- ity. Notion by ~r. Kean and ~r. Wheaten to adjourn carried. APPROVED: City Clerk Nayor