HomeMy WebLinkAbout09/27/505OO
September 2?, 1950
Regular meeting of the City Council of the City of Bremerton, Washington,
was held Wednesday, September 2?, 19§0 at 10:00 o'clock A.M. in the Mayor's
Office, City Hall, Bremerton, Washington. Mayor Kean, presiding; and
Commissioner Haddon, Commissioner Wheaton, City Clerk McGowan and City Attorney
being present.
Motion by Mr. Kean and Mrs. Haddon to approve the minutes of September 20,
1950 and September 21, 1950, as w~itten, carried.
Clerk stated it was date and time for opening bids for sale of raft of
logs, No. 20.
Motion by Mr. Kean and Mr. Wheaton to open the bids, carried.
Clerk opened the bids and read a letter from Pope & Talbot, Inc., dated
September 26, 1950, stating that on September 17th their tug returned the gear
from City Raft No. 18 to the log dump in Sinclair Inlet. Mayor ordered
contents noted and letter filed. Clerk opened a bid from Nettleton T~mber
for $9020.42 accompanied by a certified check for $902.~4; Dickman Lumber
Company, bid of $9300.00 and check enclosed for $930.00, Anacortes Veneer, Inc.,
$9130.00 and certified check enclosed for $913.00.
Motion by Mr. Kean and Mr. Wheaton to accept the bid of Dickman Lumber
Company, carried.
Clerk read Notices of Employment for Gordon J. McHenry, $252.00 per month,
Police Department; M. Roseanne Cothary, $20?.00, Police Department; Nail E.
Wadsworth, $1.74 per hour, Garage; Robert N. Earley, $1.42 per hour, Albert E.
Howerton, $1.42 per hour, Charles L. McHenry, $1.42 per hour, Harry Peterson,
$1.42 per hour, Sanitation Department; John V. Morrissey, $1.42 per hour, Street
Department; Andrew J. Pool, $1.~2 per ho~r, Street Department; Esther L. Hanson,
$175.00 per month, Municipal Court.
Motion by Mr. Kean and Mr. Wheaton to approve the temporary non-Civil
Service appointments, as read, carried.
Clerk read Reports of Separation for Albert E. Howerton and Duane Peak,
Sanitation Department.
Motion by Mr. Wheaton and Mr. Kean to approve the separations, carried.
Changes in Pay Status were read by Clerk for Robert A. Jacques, from
$260.00 to $288.00 per month, Engineers; Dean Berry, from $1.54 to $1.40 per
hour, Water i)epartment. Attached to the Change in Pay Status slip for Mr.
Berry was a letter to Henry Eckland, Foreman, Water Department, dated September
22, 1950, from Dr. C. D. Muller, stating that Mr. Berry is now able to do
light work; however, he would not recommend any heavy manual labor.
Motion by Mr. Wheaton and Mr. Kean to approve the Changes in Pay Status,
carried.
Clerk read ApplicatiQn for License as Place of Refuge, submitted by R. A.
McNutt, Trustee, Eagles Cooperative Home, 2908 Porter Street, approved by
Shirley Benham, Jr., M.C., Health Officer, and Ernest Yett, Fire Chief.
Motion by Mr. Kean and Mr. ~heaton to grant the license, carried.
Clerk read application for renewal license, to install pinball machines at
Hillside Tavern, 603 Wycoff N., approved by C. Lewis, Chief of Police.
Motion by Mr. Kean and Mr. Wheaton to grant the renewal, carried.
Clerk read a certified copy of investment board minutes of September 21,
1950.
The InVestment Board of the City of Bremerton met in the Mayor's Office
in the City Hall on Thursday, September 21, 1950, at 10:15 A.M. with
the following present: Mayor Kean presiding; Commissioner Haddon;
Commissioner Wheaton; City Treasurer Nutter; and City Additor Vas.
Minutes of meeting held on June 29, 1980 were read and approved on
motion of Con~nlssioner Haddon and second of Commissioner Wheaton.
Treasurer Nutter reported that he had the permission of the ~ployees
Retirement Board for the investment of $20,000. in L.I.D. #242 2%
warrants; permission of the Fireman's Pension Board for investment of
$5,000. in L.I.D. #242 2% warrants; and permission from the Police
Pension Board for the investment of $1,000. in L.I.D. #242 2% warrants.
Also, that the Current Water Fund needs additional cash as a large
amount or pipe is coming in and must be paid for, and recommends that
$20,000.00 in 2~% U.S.Treasury Bonds be transferred from the Current
Water Investment account to the 1949 Water Bond Reserve Fund; an~ that
$30,000.00 in 2~% U.S.Treasury Bonds be transferred from the Cu~srent
Water Investment account to the Cumulative reserve for Water System
Improvement - 0otb plus accrued interest and premium. Moved by Commiss-
ioner Wheaton that the Treasurer be authorized to make investments,
and transfers of investments, as outlined. Seconded by Commissioner
Haddon and carried u~animously.
September ~?, 1~0 (cont'd)
There being no further business, it was regularly moved, seconded
and carried that the meeting be adjourned.
Wendell R. Vaa
City Auditor
CERTIFICATE
State of Washington)
County of Kitsap ) ss
I hereby certify that the foregoing is a true and correct
copy or minutes or a meeting or the Investment Board of the City o£ Bremerton
held on Thursday, September 21, 1950.
Dated at Bremerton, Washington, this 21st day of September,
1950.
/s/ Wendell R. Vaa
City Auditor
Motion by Mr. Kean and Mrs. Haddon to approve the action', of the investment
board, carried.
Clerk read letter dated September 21, 1950, from Commander, U.S.Naval Base,
Bremerton, Washington, signed by R. P. Carlson, by direction, addressed to
Mayor Kean, enclosing Revocable Permit N0y(R)-A5221, covering the occupancy and
use or a portion o£ the U.S.Naval Base and Shipyard, Bremerton, for the purpose
or constructing, maintaining, operating and repairing certain sewer lines
located thereon.
Motion by Mr. Kean and Mr. Wheaton to note contents and file in the Clerk's
Office, and extra copy to be made and placed in Engineer,s file, carried.
Clerk stated that. the City has a contract with Standard'Oil for furnishing
of oil to the City and heretofore they have been furnishing oil in returnable
steel drums and the city has been credited with them on their return, but some
ruling has come through I'rom Standard 0il and they would like to have the
contract amended so that in the event they adopt a policy to provide oil in non-
returnable barrels that they may do so under the contract.. Clerk read the
agreemant which the Standard 0il would like to have signed by the City. This
matter was discussed and the Clerk recommended that because the contract is
almost over with them and he has been informed that they probably won,t invoke
the new policy, that the City Council approve the agreement.
Motion by Mr. Kean and Mr. Wheaton to approve the recommendation and direct
the City Clerk to sign the agreement, carried.
Letter dated September ~5, 1950, from Helen Graham Greear, Lawyer, to the
City Commissioners, was read by Clerk submitting a request from the North Perry
Avenue Water District that they be permitted to operate the big tank for water
storage on Sylvan Way under some sort of lease, terminable at will by the City.
Also, it would be better for the big tank ir it were used more than it is being
used. The North Perry Avenue Water District proposed .to have the District
clean the tank, put it in first class shape, maintain it in first class shape,
and use with the understanding that it will be returned to the City whenever
the City wishes it.
City Attorney was asked for comment on this request and he stated that as
£ar as he can find there is no legal restriction on letting them use the tank
in this way. The only thing is 'to get down to a matter or policy as to what
the Water Department and the City Council want to do. He pointed out that if
the North Perry Avenue Water District didn't keep it up, it would cost the city
something; also, there is the question as to whether the city wants to use the
tank in the future.
Mr. Wheaton stated the Water Department has no further use for it and the
City Attorney then suggested that. it might be sold to them, depending on what
would be the best economic situation for the city; and suggested that if it be
disposed o£, that it be at a nominal figure as it seems to be indicated that
because it is a wooden structure it is a hazard to the city.
Motion by Mr. Wlieaton and Mr. Kean to refer it to the City Attor~ley and the
Purchasing Agent, the Commissioner of Public Works and Utilities and the Water
Superintendent to check into it and see what the city can do with it, carried.
Clerk read letter dated September 2V, 1950, to the Mayor from Captain T.K.
Phillips, Traffic Department, and E. S. Severance, City Engineer, stating they
have made a further study of the cross street banners and if the City Council
considers it necessary aha proper to permit the hanging of banners, they
suggested a minimum of 14 feet be established between the lower part of the
banner and the street surface, provided further that such banner will not
obsCure~the drivers vision at any point in the block of any traffic light or
device ahead. If at any location the minimum of 14 feet would impair vision
of any traffic defise, the clearance should be increased at such point suffic-
iently to clear such vision. The letter further stated that they were not
making a recommendation for the permission of such banners, and that as to
September 27, 1950 (cont,d)
selected locations, they did not consider any particular location to have any
advantage or disadvantage over any other. The letter stated also that they did
not believe the Highway Department would wish to accept or reject this plan
inasmuch as that department will still have the right to demand 20 foot clear-
ance if they so desire.
Mayor stated that he was not in agreement with the last statement and
that he believed the law permitted mutual agreement between the Highway Depart-
merit and the City in instances where they don(t intend to use the 20 foot
clearance. City Attorney suggested that in writing the Highway Department
the sites normally used could be set forth. Mayor stated he had suggested
this to the committee but they didn,t put it in the letter; however, he said
he thought this should be done.
Mr. Wheaton suggested that the matter of getting permits be put in the
hands of the City Engineer to work with the Traffic Department.
Motion by Mr. Kean and Mr. Wheaton to concur in the recommendation, refer
the matter to the State Highway Department for approval, and place the oper-
ation of the approval of banners in the Engineering Department, carried.
Clerk read letter dated September 27, 1980, to the City Council from
City Engineer, submitting the preliminary Assessment Roll, plan and a list
of the real and improved valuation in the district for the improvement of
Harkins Street from Winfield to Pitt, and Pitt Avenue from E. llth to 210
feet north of the centerline of E. llth Street by clearing, grubbing, grading
for and construction of concrete curbs and gutters. Also, stated that notices
were mailed to the reputed owners on September 21, 1950 and the hearing will
be held October 11,
Clerk read another letter from the City Engineer, dated September 27, 1950,
to the City Council, relative to the same improvement district, giving the
total preliminary estimate as $2070.A0.
Motion by Mr. Wheaton and Mr. Kean to accept the preliminary estimate and
file the papers in the Clerk's Office, carried.
Clerk read license application I'rom Hammond Amusement Co., signed by A.E.
Hammon for master operator pin~all license and twelve locations, accompanied
ny a check for $580.00. Olerk read application for master pinball operator,s
license from Harry McGill, Bremerton Mutual Amusement Company, accompanied by
a check for $500.00. Clerk stated that he had discussed whether it was
necessary for new applications to be received at this time on the pinball
operators and locations with the City Attorney and it was the advice of the
City Attorney that the terms of the latest amendment to the pinball ordinance
provided for new applications at the end of the three months license period.
Mayor asked the City Attorney if he had any recommendation to make, in view
of the fact that the special session of the legislature took no action on the
pinball industry. City Attorney suggested the matter should be considered by
the Council as to new rates and re-writing of the ordinance. Mayor stated at
this time would like to have the operators file new applications for their
locations as he didn,t desire to see a minor change in the ordinance, unless
the ordinance was going to be something different.
Mayor Kean asked that action be delayed on the applications until Friday,
when the operators could submit their location license applications.
Clerk asked that one desk and one stenographer's chair be declared
surplus in his office. He said he had already sold them to the Sewage Disposal
System and would like to have his action confirmed.
Motion by Mr. Kean and Mr. Wheaton to approve the recommendation of the
City Clerk and declare the items surplus so they can be transferred to the
Water Department, Sewage Disposal Plant, carried.
City Attorney stated that last week he signed a claim voucher on behalf
of Marion Garland and Pearl B. Chapman for $200.00 in settlement of the suit
of Pearl B. Chapman vs the City of Bremerton, and asked that this action be
authorized.
Motion by Mr. Kean and Mr. Wheaton to approve the action of the City
Attorney in settling the claim and signing the claim voucher, carried.
City Attorney reported that several firemen had been in his office
yesterday as he had written them letters asking them to make arrangements to
make refund to the pension fund for erroneous payment made to them when they
left the city,s employ some time ago. One said he would not pay the money
hack as it was his money and City Attorney advised him that the money was
wrongfully paid to him. Two of the firemen have asked for contributions back
after April 1, 19A7 and this question was not answered in the Jolly Case~ and
advised them to secure legal counsel in order to settle this question. City
Attorney stated he didn,t believe the pension fund would have much success
to get the money paid back except in the case of the man who is still employed
by the city.
City Attorney reported that there is no decision in the Colton Case vs
the Firemen~s Pension Fund.
September BT, 1950 (cont'd)
City Attorney stated he had been asked whether the city needs bid bonds
on bids and advised that the City of Seattle has an ordinance requiring bid
bonds for materials purchased and a city charter provision on construction
contracts. He suggested that perhaps an ordinance might be passed setting
forth the general requirements or rules and regulations, and in some cases the
city could ask for certified checks instead of the bid bond. Mayor asked the C
Clerk for a recommendation and he .stated that the city could ask for a bid bond
or certified check and Attorney stated that actually a motion or resolution
would be sufficient to set this forth.
Motion by Mr. Kean and Mr. Wheaton t o request the City Attorney to
prepare the necessary resolution, carried.
City Attorney stated that he feels the United Pacific Insurance Company
is letting the city down in the case of Cohen vs the City of Bremerton and would
like to have Council authorization to write to them, telling them of their
responsibility in the case and advising them that he intends to file a cross
complaint against Malaspina and Napoli for anything they may get from the City
oi' Bremerton in the case. City Attorney discussed the case briefly.
Motion by Mr. Kean and Mrs. Haddon to accept the report and refer to the
City Attorney for whatever action he deems necessary, carried.
Mayor asked if the 0.J.C. lease was completed and City Attorney advised
that it had been returned to the school district with the work from the Council
that there would be no change in the lease.
Motion by Mr. Kean and Mrs. HaCdon to allow all bills if approved by a
majority of the commissioners, carried.
A1 Rochester, member of the City Council of Seattle, entered the Council
room and was introduced.
Mayor discussed the proposed salar~ raises for 1951 and mentioned that the
City of Seattle has proposed to give a $15.00 a month increase. Mr. Rochester
explained how ~his figure had been arrived at. Mayor Kean stated that he has
asked David Levine for a copy of the Seattle budget as the City of Bremerton is
trying to adopt some standard of pay schedules and that perhaps the City of
Seattle's could be a guide for Bremerton, inasmuch as the cost of living is
about the same in both cities. Mayor also reported that the Chamber of Commerce
would like to have the business and occupation tax ordinance put to the voters
and that he understands the Retail Merchants Association will go to the people
with a petition.
Mayor reported that he has is going to Seattle tomorrow with Mr. Searle
and Mr. Russell to attend a meeting of the National Association of Housing
Authorities, and would like to have the second reading of the business and
occupation tax ordinance on Friday at 10:00 A.M.
Motion by Mr. Wheaton and Mrs. Haddon to recess until 10:00 A.M. Friday,
carried.
City Clerk
Approved:
Nayor /
September 29, 1950
Recessed meeting of the City Council of the City of Bremerton, Washington,
was held at 10:00 o'clock A.M., Friday, September 29, 1950 in the Council
Chambers, City Hall, Bremerton. Mayor Kean, presiding; and Commissioner Haddon,
Commissioner Wheaton, City Clerk McGowan, City Treasurer Nutter, City Attorney
Wallace and City Auditor Vas being present.
City Attorney read Ordinance No. 1900, second reading, "An Ordinance
relating to and providing for the exaction and collection of a license upon the
act or privilege of engaging in certain business activities, occupations,
pursuits and privileges; providing the necessary administrative machinery for the
collection and enforcement of the licenses .hereunder; declaring certain acts in
connection therewith unlawful and providing penalties; repealing all ordinances
or parts of ordinances in conflict therewith."
Attorney Marion Garland asked if any compensating tax had been considered
as in some cases in the wholesale business the tax would be more than the margin
of profit on some articles, and the City Attorney stated there was no compensat-
ing tax in the ordinance. Mr. Garland asked why boxing had been exempted and
City Attorney explained that on some of the exemptions the state licenses the
business and the city collects an admission tax; also, in other cases the city
is already collecting license fees or other revenue. City Attorney admitted
the ordinance may possess some inequalities but these could be ironed out by
future amendments, which was the reason the Council did not desire to put it to
a vote of the people, as that would make it unwieldy to make any changes in the
ordinance.
James Sklrving asked several questions as to the relationship of the
ordinance and the real estate and insurance business which were answered by the
City Attorney.
Mayor Kean commented that the Council recognizes a need for money and only
certain sources available and this iS one of sufficient size to do any good.
Senator Jack Rogers stated he had requested and obtained an opinion from
the Attorney General relating to use of water department funds in helping the
general fund and had loaned the letter to the City Attorney. City Attorney read
the letter which stated that it was the opinion of the Attorney General,s office
that surplus funds of the water department could be used to assist the general
fund.
Mr. Rogers suggested that this opens up an avenue of revenue that should
be explored, and then spoke against the proposed tax stating it was unfair and
that there were other possibilities of raising temporary funds to meet a
temporary deficit. Spoke of what Bellinghamwas doing in putting a ten mill
levy to the people for park and library, etc. Mr. Rogers said he felt that the
people of Bremerton would speak in no unceetain terms if there was such a levy
asked for, and would make known that they are against expanding city services and
wich curtailment of fringe services and actiVities.
Mr. John Short, Water Accountant, called attention to the fact that there
are no surplus Water funds and there are plenty of places for any money that
they receive in developing the system.
Mr. James Webb stated he gave a copy of a letter to the City Clerk which
has not been made public before. Clerk read the copy of a letter dated
September 28, 1950 from James E. Borgen to Harvey Leach, President, Bremerton
Chamber of Commerce, stating that the Kitsap County Medical Service Bureau and
its participating physicians are opposed to the business an~ professional tax.
Mayor Kean made some remarks relative to the need for additional tax source
and the fact that there is no surplus in the Water Department.
Commissioner Haddon commented on the transfer of funds last year from the
Water Department and stated they are not available this year and that a 10 mill
levy would only raise about $120,000, and the voters might go for a special levy
for school purposes but she doubted they would for this purpose.
Senator Rogers again reiterated that he felt the citizens were against ever
expanding city services and would so state if they had a chance to vote.
Mayor Kean stated that if the city hadn't availed itselI' in the past of
rackets and .mul~anoe taxes it wouldn't have much money to conduct the a~minis-
tration of the city, and with the regular sources of revenue there wouldn't be
much fire or police department. He said he could eec no other way out and the
matter can be taken to the people by petition if it so ~esired.
Motion by Mr. Kean and Mr. Wheaton to pass Ordinance No. 19OO on second
reading, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton,
Yes.
Clerk stated it was date and time for opening bids for furnishing parts
for the repair oi' a tractor an~ only one bid has been received.
Motion by Mr. Keen and Mr. Wheaton to open the bid, carried.
Clerk openec the bid ~nd teac from Western Tractor & Equipment Company.
The bid was not totalled but was for in~ividual parts.
Motion by Mr. Wheaton and Mr. Kean to refer to the Garage Superintendent,
Commissioner of Public Works and Utilities and City Clerk an~ Purchasing Agent
to act, carried.
505
September ~9, 1960 (Con't)
Clerk read letter from Howard Cooper Corporation to the City Commission,
dated September ~?, 1980, stating ~, ith reference to City Contract No. 2A8, .in
which the city has purchased a new tractor for the Sanitation, that on the
Carco G winch according to the standard specifications on which Howard Cooper
Corporation is now receiving them, they are ndw equipped with a free wheeling
brake. This is done to increase and speed up production at the factory plant
and in order to speed up delivery e~ the tractor and have this winch complete,
they would like to furnish the Oarco G. dump with the free wheeling brake
an additional price of $1§0.00.
Clerk read change order No. l, signed by Howard Cooper Corporation, pro-
posing the free wheeling brake for $1§O.00 ~lus sales tax of SA.SO.
Motion by Mrs. ~addon and Mr. Wheaton to approve change order No. l,
carried.
Clerk asked for authorization to call for bias for the purchase of fire
extinguishers for several places in. the city which a survey has shown need ad-
ditional protection.
Mayor asked if the several ~epartments had sufficient money available and
City Clerk assured him they did.
M0~ion by Mr. Kean and Mr. Wheaton to authorize the City Clerk and Purchas-
ing Agent to c all for bids for the necessary fire extinguishers, carrfed.
Clerk read application from Hammond Amusement Company I~r a Master Oper-
ator Pinball License and for renewal of the following location license~: Beach
Tavern, S~oke Shop, Maple Leaf Tavern, Stan's Drive In, Crows Nest, Nelson~m
Drug, Outside Inn, Rendezvoue Tavern and Casino Tavern, all approved by O.
Lewis, Chief of Police. Applications accompanied by a check for $~O~eOOe The
licenses are for a three month period beginning October l, 19§0.
Motion by Mr. Kean and Mr. Wheaton to approve the application for the
master operator's license and the location licenses, carried.
Clerk read application from Harry McGill, Bremerton Mutual Amusement Com-
pany, for master pinball quarterly license, and a'ttached was ~ check for $600.
The location license applications were not received as yet but they will be
read at Council meeting soon.
Motion by Mr. Kean and ~r. Wheaton to approve the application l'or master
oPerator's license, carried.
Mayor Kean stated that at last Council meeting approval was made of a
commendation ~'rom the Engineer an~ Traffic Division, concurred in ~y the Build-
ing Department, relative to the installation of banners in the City and today
have another l~tter on this subSect.
Clerk read letter dated September 28, lB§O, from City Engineer to the
Council, s taring that the proper anchorage or fastening of signs is even more
improtant than the height, and the Building Department is familiar with exist-
ing cable fastenings and also have a permit system established. In order to
avoid an entirely new ordinance and an entirely new set up, Mr. Severance re-
commended that S~ction 8 of City Ordinance 120~ be amended. The amendment was
set forth, calling for banners to be hung not less than lA I'eet above the level
o~' the street or alley or at such a~ditional height as may be determined by
the Building Inspector upon t he advice of the City E~gineer or the Traffic De-
partment; on not less tha~ #8 wire; not less than three feet centers; a $§00~
bond to be filed with the City; the banner to be permitted for l§ days and
the installation and removal to be responsibility oI' the person making the in-
stallation; an~ the place and metho~ of installing shall receive t he approval
oI' the Building Inspector.
Mayor stated that the Council has placed the approval of banners in the
Engineer's Office on the recommendation of Mr. Wheaton and Mr. Wheaton comment-
ed that the approval of the anchorages is in the Building Department so might
be better to accept the Engineer,s recommendation. Mayor commented'that the
H~ghway Department be sent a letter requesting their approval of the height.
Motion by MrJ Kean and Mr. Wheaton to resctnd theprevious action an~ place
t~e operation of the permit for 6he ~anners in the Building Department upon the
approval of the Highway Department on the fourteen feet clearance, carried.
City Attorney read Sewer Application an~ Agreement signed by Truman F.
Johnson of Route 2, Box A I~or connecting ~o the City sewerage system 2~0 I'eet
West of a point which is ~78 feet north of theintersection of llth Street and
Lafayette Avenue. Attached to the application an~ agreement'was a checX
$128~00, connection charge, and application had Uhe signature of City Engineer
Severance in approval.
Motion by Mr. Wheaton and Mrs. Haddon to approve the application, carried.
Motion by Mr. Kean and Mr. Wheaton to adjourn, carried.
APPROVED: CityJ01erk