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HomeMy WebLinkAbout08/14/46 AUGUST 14, 1946 The regular meeting of the City Council of the City of Bremerton was held in the Mayor's OI~fice at the City Hall, Wednesday, Augwst 14, 1946, at lO:O0 a.m. Mayor Kean presiding, Commissioner Haddon, Co~t~ssioner Gorst, ¢U~¥ Treasurer, City Attorney, Chief of Police and Captain bi° Traffic being present. Motion by Mr. Kean and Mr. Gorst to approve minutes of August 7, 1946, as pre- sented, carried. Report of Separation was read by Clerk for Lola Muehlberger, Water Department. Motion by Mr. Gorst ant Mrs. Haddon to approve separation as read, carried. Clerk read Change in Pay Status for the following: James J. Brown, Sanitation; Sophie M. Boers, G. B. McDonald and Ethel Nystrom, Water Department. Motion by Mr. Gorst and Mrs. Haddon to approve Changes in Pay Status, carried. Application for master operator's license was read by City Clerk from James C. Morris, 2204 E. llth, Manette, for Morris Amusement Company. Motion by Mr. Kean and Mr. Gorst to refer the application to the Chief of Polic, for investigation, carried. Clerk read letter dated August 13, 1946, addressed to Mayor and City bouncil, signed by ~alph Davisson, State Examiner, in which Mr. Davisson expressed a desire to take a vacation period I'rom August 19 to August 31, 1~46, which period had been approve~ by Mr. Bu~ble, Chief Examiner of the Division of Municipal Corporations. Letter stated that the state paid Mr. D~visson for vacation in 1945, but this year in as much as he has been assigned to Bremerton for the greater part of the last two years he had been instructed to request payment be made by Bremerton for current vacation period. P.S. on the letter stated the request is in line with arrangements in effect in Seattle, Tacoma and Spokane. Mayor commented that he had tal~ed to Mr. Davisson in regard to the request, and the matter had been taken up with Mr. Hubble and the Division of Municipal Cor- porations would approve. ~ayor also remarked that ~r. Davisson had done a good job, and saved the City quite a little money. Motion by Mr. Kean and Mrl Gorst to approve the request, carried. Letter was read by ~ler~ from Roswell J. Quinn, Attorney for Thelma Mitchell, which enclosed a claim against the City of Bremerton in the amount of $5,000.00, for arrest on July 20, 19~6, for possessing an infectious dog. Motion by Mr. Kean and Mr. Gorst to refer to the City Attorney, carried. Clerk read letter addressed to City Clerk, dated August 13, 1946, in regard to customary method of the ~ater Department in purchasing 7B Sorbo Mat Iron Meter Boxes & Covers at one time from the Atlas Foundry & Machine Company at a cost slightly less than $500.00. Price has increased on these boxes, and two vouchers, on purchase or- ders No. 16025 and 16064, are being presented to the Commission at next meeting. Each voucher is for 75 boxes at a net price bi' $511.18. In view bi' provision in City Charte: regarding calling for bids on all items over $500.00, it is recommended by City Auditor that action be taken to contract for furnishing of these boxes to the City. Letter signed by ~endell R. Vaa, Oity Auditor. Clerk remarked he had called Mr. Ecklund and informed him he was making illegal purchases, and Mr. Ecklund had suggested breaking it down into three purchases, but he had been instructed to prepare specifications for bids on the boxes for a year. Mr. Gorst co~muented that the cost bi' the boxes had gone up quite a bit in the last few year. Motion by Mr. Gorst and Mr. Kee~n that the City Clerk and Purchasing Agent be requested to call for bids on furnishing the City with meter boxes for the ~ater De- partment, carried. ~z~J~ ~-~ ~ Mr. Gorst remarked that the ~ater Department used approximately forty or fifty of these boxes a month. Mayor suggested that a contract be let for the entire year,s supply to be delivered as needed. Mrs. Haddon commented that the addition of a blower to the ventilating system brought the cost of that Job up to $501.00, and as it was over $500.00 it should have been awarded on a bid, but the blower was necessary in order for the system to work properly, and asked that the amount be approved. Notion by ~rs. Haddon and Mr. Kean to approve the blower which would bring the cost of installation of ventilating system up to $501.00, carried. Clerk read letter ~rom John Merkel, Assistant City Attorney, on renewal of taxi license of Day & Night Taxi Service, which was an opinion in concurrence with the opi- nion of Merrill Wallace, Attorney. Mr. Wallace had written and recited fact of Ed Shea and Frank Stanton, who are partners, under the firm name of Day & Night Taxi, and that 5tant~was the one who made payment for t heir license, and therefore the license and receipt were made to him, and not as a partnership. The two men involved had an oral partnership when the license was issued, and entered into a written partnership February 9, 1946, and even though Mr. Stanton was withdrawing from the partnership now, there is still the same operation for the same business, and Mr. Wallace urged in his letter that there is legally no transfer of business, as envisioned by the Ordinance. City Attorney's office concurred in the opinion that there was no transfer of business, even though according to the records the license was issued to Frank Stanton, but that it should show names of both partners. City Attorney had not brought Mr. Wallace's l~tter~wDth him, but wh~le arrange- ments were being made for getting the letter and Police report on Ed Shea, the matter was tabled till later. Mrs. Haddon remarked that she would have to leave for Olympia, but before she left would like to bring up the sale of property at Tracyton, which had been purchased by the City for a garbage dump and then not used. City Treasurer described the pro- perty as follows: N.W. ~ of the N.W. 3, Section 2, Township 24, Range 1E W.M., Lots 4 & 8 Block 4, Lots 4 & 5 Block 6, Lots i & 2 Block 7, Lots i & 2 Block 9, Lots 3 Block 10, Navy Yard Addition to Tracyton, Kitsap County, State of Washington, Minimum price $3,000.00, subject to Tracyton Water District Assewsment. Motion by Mrs. Haddon and Mr. Gorst that the City Clerk and Purchasing Agent be instructed to call for sealed bids on the above property, returnable September 4, 1946, carried. Mrs. Haddon commented that the purchase of ground for a fill should be looked into. Motion by Nfs. Haddon and Mr. Kean to authorize Mr. Gorst to negotiate for th~ purchase of land for a garbage fill over beyone Sinclair Park, carried. /' Clerk stated a reco~nendatlon had been received on the awarding of contract for heating and plumbing repairs to the City Hall. The recom~endation was that the contract should 0e awarded to Bremerton Oil Delivery and was signed by City Engineer, Plumbing Inspector and Building Inspector. Clerk commented he had not concurred in the recommendation as the price was not guaranteed and according to the proposal the work would not be completed when required, but that he would contact Bremerton Oil De- livery and would concur in the recommendation if Dhese two points could be taken care of. Motion by mr. ~ean and mrs. Haddon that the matter be referred to the City Clerk and Purchasing Agent with power to act, carried. Letter was presented by Clerk £~om Association of Washington Cities, in regar~ to 1946 Regional ~eeting, to be held at Port Townsend for this vininity on October 25, 1946. Also attached a form to be I~illed in showing the various subjects to be consid- ered at the next meeting. Mayor suggested ~hat everyone who received one of the forms should ~ill it in, and that the Association should be notified of the number who would attend and later on the exact number could be told to Port Townsend. Clerk read Ordinance 1692, secon~ reading, entitled as follows: AN ORDINANCE declaring an emergency to exist on account of the necessity of acquiring and operating the Manette Sewer system, Defense Public Works Project Nc. Wash. 45-178 and appropriating $~4,O00.00 to provide for the expense occasioned by such em- ergency. Motion by Mr. Kean and ~rs. Haddon to pass Ordinance 1692 on second reading, carried as follows: ~r. Kean, yes; Mrs. ~addon, yes; Mr. Gorst, yes. Mayor reported that he had talked to the Engineer of Manson Construction Com- pany on the repairs to the First Street Wharf, anG it had been agreed that Manson would hold things up for a while after the contract wac signed. The ~gineer had agreed tha~ if the wharf were improved to the extent planned it would extend the life of the wharf for a long time. Mayor had hesitated to spend the money required for the repairs when that sum could be applied against over all plan on the waterfront. Remarked that Blackball lines should be contacted as to where they desired the slips and dolphins, and that if anything is ever to be done on the waterfront that now is the time to have it done, and after Blackball has selected the site ~esired, that the City could work out the entire plan from there. The Department of Labor and Industry should be satis- fied that Bremerton was working on the problem when the contract was awarded. Motion by Mr. Gorst and Mrs. Haddon that the Mayor b~ authorized to re~uest Manson Construction Company to submit plan for considerat~on.~ overall watemfront. picture, carried. ~.~¥ Chief of Police remarked that the Police Department would like to have the price on Bicycle Licenses raised from 25~ to 80~, as the plates cost 24~, and the City was actually losing money on the issuance of licenses. City Attorney commented that such a change should have been effected before June 30, as that was the date new li- censes were issued, and that probably very few would be sold for the remainder of this year. Mayor suggested that the matter be referred back to the Chief of Police for any changes on the Bicycle Licenses and Cat and Dog licenses to be made before July l, 1947 Mrs. Haddon left the meeting for Olympia. City Attorney read letter from ~errlll Wallace on the Day &Nite Taxi Company and remarked that according to his understanding the company was a partnership all the time. Discussion ensued on this matter~ and there was some question as to whether or not this had been a legitimate partnership at all times, or whether it was so claimed in order that a transfer fee woul~ not be necessary. Police report showed that there were several things against the record of ~r. Shea, and that he was a heavy drinker. Captain Phillips remarked that the Police Department had no objections to ~r. Shea operating a taxi company so long as he did not drive. City Attorney suggested several ways the City could check on whether or hot this partnership had been in eI'fect for the entire time. Motion by Mr. Kean anG ~r. Gorst to rerefer the letter to the City Attorney, carried. Clerk reported this was the date set for the final hearing on L.I.D. 226, for the improvement of Rainier Avenue between EleMenth Street and Thirteenth Street, amd there were no objections, as no one was at the meeting to protest. 581 Clerk read Ordinance No. 16~, ~ntitled as follows: AN ORDINANCE adopting and confirming the assessment roll for Local Improvement District No. 226, providing for the improvement of Rainier Avenue between Eleventh Street and Thirteenth Street, as in said ordinance described; providing for the levyin~ and assessing of the coats and expenses thereof against the parcels and lots of land between the termini and within the boundaries of said improvement ~istrict, providing for the ~llection thereof; creating and establishing a special fund therefor and fixing the date for the issuance of bonds in payment thereof. Motion by Mr. Gorst and Mr. Kean to pass Ordinance No. 1693, as read, carried as follows: mr. Kean$ yes; N~r~.Gorst, yes. City Attorney reported he had prepared a resolution for the Recreation Depart- ment at the request of the Council at last meeting, and read Resolution No. 550, as follows: BE IT RESOLVED that the following transfer shall be made in the 1946 Budget of the City or Bremerton for the. Recreation Department: From: Salaries & Wages, leaders, $131.50 To : Salaries & Wages, part-time leaders, $131.50 Passed by the City Council of the City of Bremerton, signed by the Mayor, and attested by the City Clerk in authentication of such passage this 14th day of August, 1946. Motion by ~r. Kean and ~r. Gorst to pass ~esolution No. 530, carried as fol- lowsE Mr. Kean, yes; Mr. Gorst, yes. City Attorney gave City Clerk copy of Resolution No. 15, which was adopted by City Zoning & Planning Commission, and a proposed ordinance which were to be read at next meeting when all Commissioners would be present. Motion by Mr. ~ean and Mr. Gorst to allow bills presented at this meeting, if approved by a majority or the council, carried. Mayor reported he had contacted young Mr. Haas on the rental of place for Squai Room, and various prices had been quoted from $75.00 to $140.00, and the price was higher than the city planned to pay. The subject of the purchase of fire stations as offered by the government at 50% of cost, was brought up by the Mayor. It was agreed that the City had no desire to purchase the Westpark & Sheridan Stations, but that it might be wise to make an offer on the Manette and Capitol Hill Stations. Discussion ensued on the matter, and it was suggested Attorney should draw up a resolution giving reasons why Bremerton thought the price on the Stations were too high, etc. Motion by Mr. Kean and Mr. Gorst to recess the meeting until Saturday, August 17, 1946, at 10:00 a.m., carried. APPROVED: J v , Mayo r AUGUST 17, 1946 Recessed Meeting of the City Council of the City of Bremerton was held in the Mayor's Office at the City Hall on August 17, 1946, at lO:O0 a.m. Mayor Kean presidi~ Commissioner Haddon and Commissioner Gorst being present. Chief Deputy City Clerk read application for Pawnbroker's License for 0.A. ES- sendorf, E608 Sixth Street, who has a second hand dealer's license. Application ap- proved by the Chief of Police. Motion by ~r. Keau and Nfs. Haddon to grant the pawnbroker license, carried. Clerk reported on awarding of contract for the heating and plumbing repairs on the City Hall. The contract was awarded on August 14,~19~6, to Bremerton Oil Delivery as they were low bidders, and had agreed to waive the right to increase the price of installation if raised by the 0~P,A. and had also agreed to completion or the work by October l, 1946, and that took care of Clerk's objection to awarding of the contract. Notion by Mrs. Haddon and Mr. Gorst to approve the award of the contract and return the checks to unsuccessful bidders, carried. Letter addressed to ~r. Howard Gorst, dated August 16,19~6, from the office of Bryan & Arthur, was read 0y Clerk. Letter stated they represented the Kitsap Lake Water District which has been organized to supply water to area lying between Westpark Addition and Kitsap Lake along the state highway, and included approximately 200 fami- lies. They are desirous of purchasing water from City am~.~as done with North Perry Avenue Water. Would be to their advantage if connection could be made to the water 582 lmains owned by Housing Authority. Have been advised by Mr. Searle that approval might be given if the City would make the request. Asked that the request be made for them, and copy mailed to them. Signed by James 0. Arthur. Mr. Gorst remarked that there had been a meeting with Mr. Arthur and with Mr. Searle, and as far as the Housing Authority is concerned the connection may be made fr the Qualheim Project, but that they desire a request from the City instead of the Hous- ing District. Motion by Mr. Gorst and Mr. Kean to refer the matter to Commissioner Gorst and Water Superintendent Casad. to make the necessary negotiations, carried. Clerk read 0rdtnan~e 16@4, entitled as follows: AN 0RDINANCE amending Use and Area maps of Ordinance No. 155~, and declaring an emergency. Mr. Gorst described the location of the area mentioned in the ordinance and ex- plained it.was being rezoned from Residential i to Commercial 1. Mo$ion to pass Ordinance 1694 as read, by Mr. Gorst and Mrs. ~addon, carried as follows: Mr. Kean, yes; Mrs. Haddon, yes; Mr. Gorst, yes. Clerk read letter addressed to City Council, dated August 18, 1946, from Civil Service Commission in which reference is made to opinion of City Attorney on July 23, 1946, re6arding payment of terminal leave to persons discharged for cause by which two former employees of Police ~epartment are effected, and a decision must be reached mt early date as to procedure to be followed. Attorney,s opinion was brought to the atter tion of Civil Service Commission at meeting on August 8, and Commission unanimously a- steed that Terminal Leave was something already earned and sh Co " _ , ould not.be considered as mpensation accttmulating after suspension went into effect. In ordinary reslgnatiom ~Civil Service,s practice has been in accordance with Ordinance 1671, date of resignatio~ plus accrued leave equaling the separation date. In cases mentioned Chief put in sepa- ration slips with notice of suspension and these went through Council Meeting before Secretary-Examiner of Civil Service Commission realized they existed. If policy is es- tablished that terminal leave is already earned and not to be withheld, it will be ne- cessary to amend the action of Council when separations were acted upon. Court decisior cited by City Attorney and ruli~g of Auditor made in accordance with this decision will act permit payment to be made after date of separation. It was policy in Federal Civi~ ~erEice for authorities to sit in Judgement on cases of discharge, and refuse such dis- zhargees all or part of terminal leave. This action was challenged as extra-Judicial mse of powers and the practice now is to pay terminal leave in lump sum on separation ~or whatever cause. Signed by John J. ~cPherson, Secretary-Examiner. Some discussion ensued on the cases. Motion by Mr. Kean and Mr. Gorst to refer the communication to City Attorney ?or recommendation, carried. Mayor turned over to City Clerk's Office an accumulation of papers left over from Civilian Defense, to be filed in Clerk's Office. Discussion ensued on Petition in regard to City removing activities from the ~uildings at 17th & ~arren, so that these could be used as an apartment house, or some- Ohing similar, but the petition has not yet been received by Council. Mayor reported that the Chamber of Commerce and the Lions Club were giving exhi- )it for Kibsap County on September 5, 6, ? and 8, and had requested the use of the Rec- reation Center for the exhibit. Motion by Mr. aean and Mr. Gorst to authorize the use of the Civic Center on September B, 6, 7 and 8 as required, carried. Mayor enquired about the Wafflechip rent, but there was no report on it. Mayor presented application for Tavern License from Melvid D. Lurie and Herbert Haas, to be known as Sportsmen,s Center, to be located in the new Haas Building at 224 Fourth Street, which had been approved by Chief of Police. Explained how applications for taverns were usually handled. Mrs. Haddon stated that she disapproved of a tavern being located in such a plac~ as the building was right next to the City Hall, and many women and children came in to the City Hall on business, and it has always been the policy to refuse applications for taverns located near schools, etc. Mayor remarked that it was his opinion that the Liquor Control Board would over- rule City's objection to the tavern, and in as much as Haas had invested quite a large sum of money in the building the application should be approved. Mrs. Haddon stated she would not object if the tavern were located on the second floor, but it seemed to be the general opinion that the location would be on the first 'floor. Motion by ~r. Kean and ~r. Gorst to approve the application, carried as follows: Mr. Kean, yes; Mrs. Haddon, No; Mr. Gorst, yes. Mayor presented report of field activities of the Division of Sanitation for the month of June, 1946. Motion by Mr. Kean and Mr. Gorst to note contents and file, carried. Motion by ~r. Kean and Mr. Gorst to adjourn, carried. / Ci lerk