HomeMy WebLinkAbout10/25/50 October 25, 1950
Regular meeting of the City Council of the City of Bremerton, Washington
was held Wednesday, October 25, 1950 at 10:00 o'clock A.M. in the Council
Ohambers, City Hall, Bremerton. Mayor Kean presiding and Commissioner Haddon,
C~t~ Treasurer Nutter, City Attorney Wallace and Chief Deputy City Clerk Yea-
don being present. Commissioner Wheaton and City Clerk McGowan being absent.
Motion by Mr. Kean and ~rs. Haddon to approve minutes of regular meeting
of October 18, 1950 and Statutory meetings held October 2,3,4,5, 6 and 13th,
1950, as written, carried.
Chief Deputy Clerk stated this was date and time for opening bids for fire
extinguishers.
Motion by Mr. Kean and Mrs. Haddon to open the bids, carried.
Bids were opened by the Chief Deputy Clerk and read from:
Northwest Fire Extinguisher Service, 22 foam extinguishers ~ $19.65 each~
total $432.30; six Soda-acid extinguishers, $18.30 each, total $109.80; three
15 pound Carbon-Dioxide extinguishers, $43.25 each, $129.75, total, including
tax, $692.01; as an alternate proposal, three charged, squeeze-grip surplus
extinguishers that have. been hydrostatically tested for $30.00 each, certified
check for $35.00 enclosed.
Olympic Chain Saw Company, bid of $848.00 for Fyr-Fyter extinguishers as
advertised and check, not certified, enclosed for $~2.40. ~
American~aFrance-Foamite Corporation, three 15" Speedex Carbon Dioxide
Extinguishers, $140.25, six Alfco 5S-2 S & A Extinguishers, $9~.~0; 22 Alfco
Foam Extinguishers, $374.00; check, not certified, enclose~ for $30.m~.
Washington Equipment Company, 22 Foam fire extinguishers, $18.76 each;
5 Soda-acid fire extinguishers, $17.3~ each; 3 carbon dioxide extinguishers
$4~.00 each, and no certified check on bid bond enclosed$
Howard-Cooper Corporation, 3. carbon dioxide at $50.O0 each, Total, $1~0.;
22 Pyrene ~oam type, $22.50 each, total $451.00; six Pyrene Soda and acid ex-
tinguishers at $19.00 each, $11~.00, certifie~ chec~ for $3~.50 enclosed.
Nelson Equipment Company, 3 Buffalo C02 extinguishers, $55.00 each, $16b$
22 Buffalo Foam Extinguishers, $1~.50 each, $319.00; six Buffalo soda & acid,
$18.00 each, total $108.00, certifieG check enclosed l~r $35.00.
L.N. Curtis & Sons, 3 C02, $54.00, total ~162.00, 22 Foam, $20.00, total
~440.00; 6 Soda-Acid, at $18.80, total $112.80; alternate, 22 Stainless Steel
oam EXt., $20.00 each, total $440.00, 6 Stainless Steel Soda-Acid, $18.80,
total, $112.00, and bid b~nd attached for $50.00.
Clerk explained that according to a recent resolution all bids must be
accompanied by a certified check or bid bond and that some of the bids did
not comply with this provision.
Mayor Kean noted that this resolution had been passed on the recommend-
ation of the City Clerk.
Motion by Mr. Kean and Mrs. ~addon that the bids that are not in compli~
ance with the resolution and specifications set by the City Clerk be rejected
and not considered, carried.
Motion by Mr. Kean and ~rs. Haddon to authorize the City Clerk and Pur-
chasing Agent to tabulate the biGs and make the award in tke best interest of
the City in compliance with the specifications, carried.
Chief Deputy Clerk read notices of employment for Joe A. McSmith, $225.
per month, Water Sewage Disposal; Lester L. Pound, $1.35 per hour, Water De-
partment and Harold R. Doss, $252.00 per month, Police Department.
Motion by Mr. Kean an~ Mrs. Haddon to approve the temporary non-Civil
Service appointments as read, carried.
Chief Deputy Clerk read claim for damages filed October 23, 1950 from
J.P. Green, 1525 Park Avenue, for damage to his basement on October 8, 1950
when sewage water backed into his basement, total claim $104.00.
Mr. Casad, who was present9 explained that the sewage contractor had left
about fourteen sacks of cement at the end of the Park Avenue sewer which should
have been removed by the contractor at the end of the use of the cement; and
the storm water run-off was retarded an~ couldn't escape so eonsequently it
backed up.
City Attorney suggested referring the claim to the proper department for
investigation anG that he be given a report of the findings which he could take
up with the contractor.
Motion by Mr. Kean and ~rs. Haddon to note contents and refer to a com-
mittee composed of the Ci%y Attorney, Mr. HatI'ield, Mr. Casad and the Sewage
Disposal Operator, carried.
Payroll voucher was read by Chief Deputy Clerk for period ended October
15, 1950 for the sum of $36,824.53.
Motion by ~r. Kean and Mrs. naddon to approve the voucher, carried.
521
October 25, 1950 (Con't)
Earl Sander, Technical Advisor for the Bremerton Housing Authority, pre-
sented an easement dated October 19, 1950, from the U.S.A. Public Housing Ad-
ministration, signed by M.C. Redman, Director, Seattle Field Office, I~r acCept-
ance by the City and signature of the Mayor.
This easement was for Sinclair Park covering ~5 feet width on, over and
across Linden Street and Union Street, covering a water main, together with an
elevated water tank, and covering a storm sewer and drain. Also, easement states
that it is mutually agreed between the Grantor and the City that certain Easement
executed by the F.P.H.A. now known as the P.H.A., on December 28, 1945, granting
and Easement to the City covering all of the roads, boulevards, drives, streets,
avenues and ways within the project is hereby cancelled..
Mr. Sanders stated it is the purpose of P.H.A. to have a resolution spread
on the minutes approving this easement on behalf of the City of Breme~ton accept-
ing the conditions in the easement as read.
Mr. Kean explained that Mr. Wheaton, Mr. Caead and Mr. Severance have looked
this matter over ~and it is 0.E. with them. Mayor Kean asked Mr. Sander if this
would then allow the transaction with the National Guard to be consumated and
Mr. Sander replied that it would in accordance with the informal meeting held in
the Mayor's Office with the National Guard.
Mr. Sander stated further it was his understanding that the go~rnment pro-
perry lying outside the project area which was originally purchased by the City
and transferred to the government would revert to the City.
Motion by Mr. Kean and Mrs. Haddon to make it a matter of record and auth-
orize the Mayor to sign the easement, carried.
Chief Deputy City Clerk presented a claim voucher fro~ Howard-Cooper Cor-
poration for the purchase of a new International Tractor and Carco Drum F.W.
Brake for the Sanitation Department for the amount of $16,700.42, Si1,000.00
of which is to be paid at this time and the balance next year. Voucher approv-
ed by Fred T. Walker and audited by W.R. Vaa.
Motion by Mr. Kean and Mrs. Haddon to approve the voucher, carried.
Letter was read by Chief Deputy City Clerk from Housing Authority of the
City of Bremerton, dated October 19, 1950, signed by James Russell, Vice Chair-
man, submitting Operating Statements on Westpark, Wash. 3-1; also, on their
Lanham Projects together with General Balance Sheets. Letter expressed their
sincere appreciation for the City's cooperation and assistance.
Motion by Mr. Kean and Mrs. Haddon that the City Clerk an~ Purchasing Agent
acknowledge the receipt of the letter dud file in the Clerk's Office, carried.
Chief Deputy Clerk stated it was date and time for hearing on the revoc-
ation of Edward Erline Kvistad, taxi Driver,s license. Mr. Kvistad was present for the hearing.
Chief Deputy read the letter which had been read two weeks ago at Council
meeting, which set forth the record of Mr. Kvistad.
Mr. Kvistad stated he had made. a mistake and had paid f or it and s till owed
money and will ~e losing his present Job and he would like to havehis taxi driver,s
license retained.
On further questioning he stated he had sold liquor, that he was 21 years of
age, had been driving eight months and was not married.
Mayor informed him that he had violates the laws or the State of',',Washington
and ~he City of Bremerton and didn't think that anything could be done but concur
in the recommendation of the Chief of Police.
Mr. Kvistad said he didn't like to work in the Navy Yard and his Bangor Job
would soon be over and he felt he could make better driving cabs.
Motion by ~r. Kean and ~rs. Haddon to approve the recommendation of the
Chief of Police and revoke the license, carried.
Chief Deputy Clerk read the letter dated~0~tober 4, 1950 recommending the
revocation of taxi ~river's license of Calvin Sinclair Christy. This letter had
been read two weeks ago at regular Council meeting and set forth Mr. Christy~s
past record.
Mr. Christy stated he would like to have his license until the outcome of
his appeal; that he is presently working but figuring on being laid off, ana ttmt
he is not driving at this time. Mr. Christy said he is spending a lot of money
to prove that he didn't sell the liquor. He said the liquor inspector saw him
buy rout p~A~s or liquor and put him in his car which was a block from the taxi-
cab and that he was going on a fishing trip and there was no intent to sell.
The witness against Mr. Christy had ~tated that Mr. Christy had £urnished
whisky to Andy Wang, another cab driver, ~ut Mr. Christy claimed he di~ not.
Chief Lewis commented that the State did the investigating and that there were
two transactions in the case, that is a bottle went from Mr. Christy to Andy
Wang and one to James Sykes, and he pointed~out that Mr. Christy had been found
guilty in court.
City Attorney pointed out also ~hat he I'elt both appeals will be dismissed
on Monday at Superior because the appeals had not been riled within the period
allowed and, if so, the original convictions will stand.
October 25, 1950 (Con't)
After discussion as to procedure, City Attorney recommended that the
hearing be continued until after Monday when the appeal is taken care of, and
his lecense be suspended in the meantime.
Motion by Mr. Kean and Mrs. Haddon to suspend Mr. Christy,s license to
operate a taxi cab pending the determination of the appeal to t he Superior
Court of the State of Washington and if the appeal is dismissed or the convic-
tion affirmed that the license be revokad~at the time of the dismissal of the
appeal or affirmation of the judgement, carried.
Chief Deputy Clerk read letter dated October 4, 1950 from Charles Lewis,
Chief of Police, ~o the Mayor, recommending revocation of Andrew Archy Wang~s
taxi driver's license.~ This letter was read two weeks ago and hearing was
set for today.
Mr. Wang was not present, nor was anyone present to represent him. His
record shows three cases on him; one for disobeying a stop sign, bail ~orfeit-
ed; one for disobeying a signal, bail forfeited, $5e00 and onAugust 2~,
illegal sale of intoxicating liquor, fined $250.00 and costs.
Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and
revoke the license, carried.
Chief Deputy Clerk read a letter dated October 18, 1950 to the Mayor
from the Chief of Police recommending cancellation of the taxi driver's lic-
ense of James~orton Clarke. Mr. Clarke has a criminal record dating from
October 2~, 194A to October lA, 1950, for such charges as drunk, disorderly
conduct, driving while drunk and reckless driving, non-support. Mr. Lewis stated the man is presently in Jail.
Mayor Kean asked, inview of the long criminal record~ how long the man
hac been drivinge
Chief Lewis stated not too long tB~s time and probably he was to blame
for the man driving, but the parole officer and others had asked that he be
given this chance.
Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and
set the hearing two weeks from today at 10:~O A.M., carried.
Letter was read by Chief Deputy Cler~ dated October 19, 1950 from W.B.
Cook, Secretary-Treasurer, Teamsters, CSauffeurs, Warehousement & Helpers
Local No. 6'?~$ stating the wages being paid by the city now to people they
represent in the Water, Street and Sanitation Departments is less than other
political sub-divisions in Kitsap County an~ private industry are paying
the same or comparable work.
Letter stated further that this was unfair and should be corrected im-
mediately an~ asked that thds matter be submitted to conciliation, either
through the state service or federal service, in order to reach a satisfac-
tory solution so as to avoi~ unpleasantness, and in order to further the pub-
lic interest.
Discussion followe~ as. to the proper method of handling this request.
It was the concensus of opinion of both Mr. Kean and Mrs. Had~on that the
City had done their best in placing approximately $~1.00 raise in next year's
budget for these employees.
Further ~iscussion was held as to the meaning of the tern "Conciliation~
and ~ether or not, u~,ler tke c[~arter, the City Council could transfer its
power of negotiation to some outside power.
City Attorney stated he would be glad to study the federal anm state
laws governing conciliation anm a~bitration and submit his findings to the
City Council.
Mayor Kean stated the matter should be delayed until a report is receiv-
ed from the City Attorney.
Chei~ Deputy Clerk informed the Council that in 19~8 the City declared
General Election day a legal hol2day and that this day was listed in
State Law as a legal holiday along with those the City recognizes by ordin-
Mayor Kean commented that the City already has eight legal holidays and
it costs considerable for such holidays and he didn't think the City should
deviate from the present holidays. Mayor asked the Chief Deputy if the Clerk
had any recommenmation anm he stated that he mid not believe Mr. McGowan
would press for a legal holiday for November Vth due to the financial outlay
and the financial condition of the City at this time.
Mayor Kean thanked the Chief Deputy for bringing this to the attention
~f the Commissioners and s~ated the Council at this time desires to take no
action.
City City Attorney reported that in searching the ordinance records his of-
fide has found two ordinances, No. A5 and No. 13V, which dealt with the up-
Eeep of ~idewal~s; however, since these were passed long before the State
passem similar legislation, t~e City Attorney recommended that one ordinance
be drawn up an~ these two old ones be repealed, and this woul~ be done next
Wednesday.
523
October 25, 1950 (Con't)
City Attorney rea~ proposed Garbage Ordinance, "An Ordinance relating .
to health and sanitation; providing for and regulating the collection, re-
moval and disposal of garbage, refuse and dead animals in the City; provid-
ing for the handling thereof exclusively by the City; providing forthe amount
and method of payment of garbage collection charges; providing penalties for
the violation hereof; repealing Ordinance Nos. 310,418B, 888, 815, 628, 1407
1486, 1727, 1781 and all other ordinances and parts of ordinances in con-
flict ~eewith."
Mrs. Haddon stated this ordinance has been ~one over section by section
and it has been decided to call the department, Garbage Department", in
agreement with the Charter.
Mayor Kean suggested that Fred WalKer go over it before the next reading
as he is the one most ~ncerned with the provisions.
Motion by Mrs. Haddon anm Mr. Kean to approve on first reading, carried.
Motion by Mr. Kean and Mrs. Haddon to allow all bills if approved by a
majority of the Commissioners, carried.
Motion by Mr. Kean and Mrs. Haddon to recess until 3:00 o'clock this after-
noon, carried.
APPROVED: Chief~D~puty City Clerk
October 25, 1~50
Recessed meeting of the City Council of the City of Bremerton, Washington
was held Wednesday, October 25, 1950 at 3:00 PM in the Mayor's Office, City
Hall, Bremerton. Mayor Kean presiding and Commissioner Haddon, City Attorney
Wallace and Chief Deputy City Clerk Yeadon being present. Commissioner Wheat-
on and City Clerk McGowan, absent.
City Attorney.reported he had checked the laws concerning conciliation
and arbitration, both federal and state, and said there is a state arbitra-
tion a~atute for firms which have a union contract but he didn't feel Mr. Cook
meant to ~Ing the Teamster's Union request under that statu~e. The federal
law only applies to businesses involved in inter-state commerce; therefore,
the request,for conciliation could not come under that law inasmuch as the City
is not engaged in inter-state commerce~ mr. Wallace stated further t hat there
is no state conciliation service but there is just the arbitration board, and
the only way the federal conciliation service could come in would be in an ad-
visory,capacity, providing they would be willing to do so. City Attorney recom-
mended that an answer be made to Mr. Cook that under the circumstances the
Council ~oes not feel this is a proper subject for conciliation.
Mayor Kean asked the Attorney if the City employees can strike and he ans-
wered they could at any time as the right to strike is always inherent in lab-
or.
Mrs. Haddon made the comment ~hat she felt the City has go~e the limit on
the finances and has no money for additional wages.
Mayor Kean pointed ~ additional benefits City employees have over private
employees through Civil SerVice, retirement and steady work, and because of
this the City should not be compared with contractors' employees or seasonal
workers~
A copy of the new contract between the Teamster's Union and the County
of Kitsap was studied as to their salaries and wages and it was foun~ that the
City was below the County on some Jobs from 3~ to '~ per hour, but on other
Jobs the City was the same.
Discussion was held as to whether or not the budget ~uld be changed~r
an increase in salaries and wages an~ the City Attorney advised thht this
could not be Cone due to the fact that the budget has been adopted.
Mr. Hatfield, Street Superintendent, entered the meeting and the Commis-
sioners discussed the union's request with him.
Mayor Kean asked him, among other questions, ii' his employees were satis-
I'ied with the raise the Council has placed in next year's budget and Mr. Hat-
field said he.thought the men were satisfied with the amount granted.
Mr. Kean. commented that probably the union would like to have the Com-
missioners go along with their request for the 25~ an hour raise and then they
would probably be willing to support the city on the business and occupation
tax if the City did grant the request. Mayor Kean said further he didn't feel
he could get in a position of making a trade of that kind.
October 25, 1950 (Con, t)
Nayor Kean stated that the employees coming under the unionts request
were in Mr. ~neaton'e and Mrs. Haddonts departments and if there was no ob-
Jection he could contact Nr. Cook by telephone and inform him that action
would be delayed until Mr. Wheaton's return. No objection was offered.
Notion by Mr. Kean and Mrs. Haddon to adjourn, carried.
APPROVED: ~
Chief De~y City Clerk
Mayor