HomeMy WebLinkAbout12/04/46 DECEMBER 4, 1946
The regular meeting of the City Council of the City of Bremerton was held in
the Mayor's Office at the City Hall on Wednesday, December 4, 1946, at 10:00 a.m.
Acting Mayor Haddon presiding, Commissioner Gorst, City Treasurer and Assistant City
Attorney being present.
Mrs. Haddon commented that Mayor Kean was attending a meeting in Olympia of the
Mayors and Governor.
Motion by Mr. Gorst and Mrs. Haddon to approve minutes of November 27 and Decem-
ber 9, 1946, as written~ carried.
Clerk read Report of Separation for James J. Brown, Sanitation.
Motion by Mrs. Haddon and Mr. Gorst to approve Separation, carried.
Notices of Employment were read by Clerk for the following: Melvin L. Morrison
and Roy T. Mosely, Police Department.
Motion by Mrs. Haddon and Mr. Gorst to approve employments es read, carried.
Clerk read Taxicab Stand Application from Thomas 0. Barrieau for transfer of
off-street stand at Sixth & Callow under Tommy's Taxi to Yellow Ceb Company. This
request had not yet been approved or disapproved by Chief of Police.
Motion by Mrs. Haddon and Mr. Gorst to refer to the Chief of Police for recom-
mendation, carried.
Letter from Iron Wheeler, Route 5 Box 661, was read by Clerk, addressed to Mayor
and Commissionerw, dated December 3, 1946, containing application for permission to
transfer two taxicab permits heretofore owned by Thomas O. Bsrrieau, operating as
Tommy's Taxi, as he has purchased all the business of Tommy's Taxi, license numbers
3b and 36, which have been operated by Thomas 0. Barrieau. City license #34 owned by
Mr. Barrieau is being reserved by Mr. Barrieau, who is going to make a separate re-
quest to have this number transferred to Yellow Cab. Enclosed check payable to City
Treasurer for $50.00 as transfer fee. Approved by Captain of Traffic Phillips, Chief
of Police is on leave. Also letter attached certifying that Ivon ~'~eeler has pur-
chased Tommy's Taxi owned by Thomas 0. Barrleau, and authority is granted to the City
of Bremerton to transfer the licenses #35 and #36 to Iron Wheeler, signed by Thomas
0. Barrieau.
Motion by Mr. Gorst and ~rs. Haddon to approve the transfer, carried.
Clerk read letter addressed to City Council dated December 3, 1946, which stated
in October 1945 the Council granted Pinball Operator's license, for which charge was
made of $1500.00, which was fee for full year. During the fiscal year the license
w~s transferred to Mr. Harry ~cGill, with the knowledge and consent of the City Coun-
cil. At the special Council meeting held to discuss the transfer of the license, the
matter of reimbursement for the three month's license fee, $~75.O0, was brought up
by Nr. Sass, who stated he was improperly charged. He understood, and believes that
this was also the understanding of Mr. McGill, that the Council would reimburse McGill
who would in turn reimburse Sass. Stated he was soon leaving Bremerton, and wishes
~o settle the matter, and requests and makes claim to Bremerton City Council for the
return of $3V5.00 which was illegally and improperly charged in 1945. Stated that
another licensee who was granted a license at the same time, was also over-charged,
and has since been reimbursed.
Some 8iscussion occured and general opinion seemed to be that this was a matter
to be settled between Mr. Saws and Mr. McGill.
Motion by Mr. Gorst and Mrs. Haddon to refer to the City Attorney for an answer,
carried.
600
DECEMBER 4, 1946 (Cant'd)
Clerk read letter dated December 4, 1946, addressed to Mayor and Commissioners,
recommending that the City Council authorize the City Clerk to dispose of the window
frames which have recently been removed from the City Hall due to the new construction
on the west side of the building. Signed E. Jennings Beard, City Clerk.
Motion by ~r. Oorst and Mrs. Haddon that the City Clerk and Purchasing Agent be
instructed to dispose of the window frames to the best advantage of the city, carried.
Letters of recommendation was read by Clerk addressed to Mayor and Commissioners
dated December 4, 1946, from City Clerk recommending the City Council authorize the Cit
Clerk to call for bids for supplying.following materials or services for the year 1947.
(1) Liquid Chlorine & Anhydrous Ammonia; (2) Gasoline, motor oils and greases; (3)
Publication of all Official Notices; (4) Various sizes of tires and tubes for all de-
partments. Signed E. Jennings Beard, City Clerk.
Motion by Mrs. Haddon and Mr. Corst to instruct City Clerk and Purchasing Agent
;o call for bids as reco~ended, carried.
Clerk read letter dated November 29, 1946, addressed to Mayor and City Council,
from Ralph Davlsson, State Examiner, calling attention to erroneous payments being made
to J. W. Bryan, Jr., City Attorney. Stated Mr. Bryan, who is now National President of
the Eagles, is required by his duties to be away from the City of Bremerton at least
half of the entire working time of each month. City budget and salary ordinances pro-
vide monthly remuneration for the office of City Attorney and Ordinance No. 1671 pro-
vides for holiday and vacation periods for all employees with a maximum of fifteen
working days per year. State Examiner,s understanding is that no additional leave of
absence with pay has been authorized to Mr. Bryan. Under the circumstances deductions
should be made from the salary allowances heretofore given Mr. Bryan, since his duties
have kept him out of Bremerton, and amount of same should be charged against any sums
of money now due or to become due until such time as a proper balance has again been
reached on the salary account. Understands that no statements have been received from
Mr. Bryan's office, concerning time on the job but he has been allowed full time by
payroll clerks. Undoubtedly he will furnish correct statement of dates of his absence
on request. Asks that arrangement for an adjustment in salary payments Ko Mr. Bryan
be made as outlined. Signed Ralph Davisson, State Examiner.
No action was taken at this time.
~.~Clerk reported that his office had been checking on the possibility of having all
employees, with the exception of the Commissioners and elective officials, under a
blanket bond. Those to be bondeo would be anyone handling money or material, but that
such a policy could not Oe put into effect for at least another year, as too many bonds
were effective now, and the bonds would not expire for some time.
City Attorney suggested action on the letter from Mr. Sass in regard to a refund
on Master Pinball Operator's license be post-poned until the Mayor returned.
Clerk reported this was the date set for he opening of bids on car and Station
Wagon for the Building and Engineering Departments, and for the painting and redecora-
ting in the City Hall.
Motion by Mrs. Haddon and Mr. G.orst to open the b~ds on the furnishing of car for
building department and Station Wagon for Engineering Department carried.
Clerk opened and read bid from Kerr Motors, Certified Check No. 8950, $50.00; Bid
price on Ford Deluxe Tudo~ Sedan, $1,398.24. Bid Price on Ford Super Deluxe Eight
Passenger Station Wagon, $1,743.39. Should the Ford Company change list price before
delivery the bid is automatically increased the amount of the increases. Delivery
cannot be guaranteed at any specified time, but they guarantee delivery to the City of
the second Station Wagon receive~, and one of the early Sedans received after the award
of the bid.
Motion by Mr. Carat and Mrs. Haddon that the bid be awarded to Kerr Motors, carrie,
Motioned by Mr. Gorst and Mrs. Haddon that the bids on Painting rooms in City Hall
be opened, carried.
Clerk opened and read bids as follows:
~hitney & Harrison, 505 Naval Avenue; Check #1095, $ 50.00; Total price $1,860.00
Uentractor will paint offices with a night shift at no extra cost. All work to he'cam-
oleted before Christmas.
Lyle & ~eeler, 143 Rainier; Certified Check #120, $97.25; Total Bid, $1,945.00.
iontract to be completed within 25 days from date of contract.
Warberg Brother. s, Check $111.50; Total bid $2,230.00; Contract to be completed
Jithin 25 days from the date of contract.
Motion by Mr. Gorst and Mrs. Haddon to refer the bids to the Committee of the
Whole and City Clerk and Purchasing Agent, carried.
Clerk read letter from City Engineer submitting preliminary Assessment Roll, plan
and list of real and improved valuation in district for improvement of Nipsic Avenue
between E. Ninth Street and E. Eleventh Street. Itemized, Assessed Land Value,
$2,490.00, Assessed improvement value $V,310.00, Actual land value $4,980.00, Previous
unpaid L.I.D. Assessments, None; Taxes for years 1944, ]_945 and 1946, $1,238.17; Un-
paid Taxes $1V.17. Notices were mailed to reputed owners on November 15, 1946.
Signed E. S. Severance, City Engineer.
60i
~ECEMB~lq 4, 1946 (Cont'd)
Letter was also read by Clerk from City Engineer submitting preliminary estimate
for above improvement, itemized estimated costs, totaling, $4,808.75. Signed E. S.
Severance, C&ty Engineer.
Motion by Mr. Gorst and Mrs. Haddon to approve plans and preliminary estimates
for the improvement of Nipsic Avenue between E. Ninth Street and E. Eleventh Street,
carried.
Clerk announced it was now time set for hearing on proposed L.I.D. on Nipstc
Avenue between E. Ninth Street and E. Eleventh Street. Several persons were in the
audience for this hearing. Those against the proposed improvements were Mr. and Mrs.
Albert Chase, 2514 East Ninth Street and Edith Anderson, who owns an unimproved lot
on Nipsic. Those in fovor of the improvement were Mr. R. E. Wright, Mrs. Theodore
Peterson, 2604 E. Ninth, and Virgil P. VanEtten, lOlO Nipsic. Mr. Chase spoke against
the improvement and stated he did not see where it would be much, if any, benefit to
his property, and that the cost was too high. Saw no reason W~y only two blocks shoulc
be improved, and suggested improvements should be made on a larger scale, and there-
fore this part should be postponed at least a year.
Mr. Gorst explained the procedure on having districts improved, and also ex-
plained that so long as a majority of property owners desired an improvement district
should be set up, that the City could do nothing bu~ go ahead with the plans.
Mr. Wright and Mrs. Peterson both spoke for the improvement.
Mrs. Anderson spoke against it.
Motion by Mr. Gorst and Mrs. Haddon that the protest be overruled and ~he the City
Attorney and City Engineer be instructed to prepare the necessary ordinances, carried.
Motion by Mrs. Haddon and Mr. Oorst to allow all bills if approved by a majority
of the council.
Notion by Mrs. Haddon and Mr. Gorst to recess the meeting until lO:O0 A.M., Th
Thursday morning, December 5, 1946, carried. ~,~ ~
~' g May
DECEMBER 5, 1946
Recessed Neetlng of the City Council of the City of Bremerton, was held in the
Mayor's Office at the City Hall on Thursday, December 5, 1946, at 10:00 a.m. Mayor
Kean presiding, Commissioner Haddon, Commissioner Gorst, City Treasurer and Assistant
City Attorney being present.
City Clerk presented bids which had been received on painting of various rooms
at the Oity Hall, and recommended that the contract be awarded to ~nitney & Harrison
as their bid was low, and they agreed to complete the work by Christmas.
Motion by Mrs. Haddon and Mr. Gorst to accept the recommendation of the City
Clerk and award the contract to Whitney & Harrison, carried.
Clerk again read letter addressed to Mayor and City Council from Ralph Davisson,
State Examiner, who asked that arrangements be made for an adjustment in salary pay-
ments to James W. Bryan, Jr.
Assistant City Attorney read reply to above letter: Letter stated Mr. Bryan
is at present making an official visitation in Wisconsin & Michigan and will return
December 16, at which time Mr. Davisson's letter will be called to his attention.
Wishes to point out for the sake of record that over six months before Mr. Bryan's
election as President of the Eagles, he made his plans known to the City Council and
to assure proper attention for City legal business as well as his private legal busi-
ness, Mr. W. Todd Elias became associated with the firm in January 1946, and was
appointed assistant City Attorney by Mr. Bryan, serving the city without salary.
Since then the City has had three lawyers available at all times. City work has al-
ways had first priority and believes the city has had efficient and capable legal
representation. During the last five years not a single civil cese has been lost by
City Attorney's office which has been heard on its merits in the Superior Court or
in the Supreme Court. This reflect upon the advice rendered the City. Mr. Bryan
has not ceased to be actively engaged in the legal affairs of t he City nor his private
practice and as a matter of fact is expecting to try a case in which the City is in-
terested upon his return to the City. City Attorney's office has always considered
the City of Bremerton its most important client. City Attorney is allowed to engage
in private practice and there is no law requiring devotion of his full time to official
duties. Services to the city are not en an hourly, daily or weekly basis and they
do not have advantages of civil serviec or retirement. City Attorney never has been
subject to holiday, leave, or vacation provisions of Ordinance No. 16?l. Called at-
tention to the fact that Mr. Davisson has been critical of legal opinions although
he has no legal training. Attorney's office differed with him on his criticism of
the City Treasurer in handling Marine Drive Water district account. His position
caused the city to be sued by the district and suit was settled when an Attorney
602
DECEMBER 5, 1946
General's opinion concurred in the opinion which Attorney,s office had exnressed
causing Mr. Davisson to withdraw his objections at the request of the Division o~
IMunicipal Corporations, Case was settled by City Attorney without coat to the City.
~Have been comparable incidents. States he was led to believe that Mr. Davisson's
/~ette~ is.p~rely vi~ictive in view of fact that he has known of Mr. Bryan's schedule
/zor azmost rout months and has not seen fit to mention it until a time when Mr. Bryan
~/is out of town and has withheld his letter from oubllcation until Mr. Davisson has been
' [transferred away from Bremerton. F~rther report'may be expected from Mr. Bryan at the
~Counctl meeting of December 18th. Signed John C. Merkel, Assistant City Attorney.
] Mayor commented that according to the Charter the City Attorney wa~ appointed by
~the Mayor, and appointment was confirmed by the Council, a~so that City Attorney was
~not under Civil Service. Clerk stated that the City Auditor was not in accord with
[Mr. Davisson,s opionion.
~ Assistant City Attorney read letter from Divisional ~,~ ........
~p~ ~rMoraolons where
in it was stated that a State Examiner has no authority to request a city to make an
adjustment.
Motion by Mr. Kean and Mr. Gorst to note contents of letters and file, carried.
Clerk read letter addressed to Mayor and Commissioners, dated November 29, 1946
from City Attorney, Re:City of Bremerton vs. Berry Engineering, stating that all steps
necessary have been taken to prepare case foe trial, but testimony is ~mobtainabte ~
which would be of assistance in this case, and Attorney,s office has come to the con-
clusion that there could be no possible outcome except that the City ould lose the
case with consequent Judgment for court costs. Mr. Vas has assisted in checking and
all angles which would be presented. City minutes show on 9/15/45 Berry's claim vouch-
er was presented and referred to Mr. Gorst and City Attorney. Over three months later
on December 29, ~fter reading letter from C. C. Casad then City ~nglneer, the claim
was allowed and ordered paid and clerk directed to draw warrant on Sewer Construction
Fund for full payment. Mr. Casad's letter is to ~e effect that even though the pro~
ject was abandoned before completion, Mr. Berry had substantially completed all work
required according to contract. Matter has been discussed with Mr. Cased, and he
states he could only testify in full conformance with statements made by him in said
lette~.. Contract provides for "the issuance of certificates in payment and general
administration of business and supervision of the work" contract also provides, for
employment of a "clerk-of-the-works" at city's expense, to give supervision of work.
Cased insists that had the project been completed there was nothing for the Berry
Engineering to do in connection with it except to issue certificates of payment which
would not ~ave required any substantial effort. Further found that the account was
checked by Federal Works Agency and approved and the moneys used ~o pay Berry wev~
~00% Federal funds so if city recovered any money they~w~d%'~"~'5-6l~"~o turn it
over tg"Un~ed St~es of America. Under the law even though Berry was overpaid
attorney,s opinion is that no recovery can be had as the claim was thoroughly iHvest-
igated befome the payment and the claim cannot be esta01ished as having been made.by
mistake. City would not be entitled to recover a voluntary overpayment. As a matter
of fact attorneys are unable to secure testimony of any person who will testify that
Mr. Berry was overpaid. Neither Mr. Casad nor Mr. Gorst could Offer testimony what-
soever that would be of assistance to establish an over-payment. Attorney recommends
that the a~ove case be dismissed with prejudice and without costs. Signed James W.
Bryan, Jr., City Attorney.
Motion by Mr. Gorst and Mr. Kean to follow the recommendation of the City
y, carried.
Attention was called to letter addressed to City Council signed by D. J. Sass,
asking for a refund of ~375.00 on Pinball Operator's License, which had been read at
regular council meeting.
Some discussion ensued on the case and ~ayor reviewed the circumstances, however,
Council agreed that the claim for refund, if any, should come from Mr. McGill, and
Mr. Sass should contact him in regard to this matter.
Assistant City Attorney read Resnlution No. 552, as follows:
WHEARAS, certain personal property has come into the possession of police authori-
ties of the City of Bromerton, and
WHE~REAS, writte~ notice to the known owners has been given that said property
is 0eing held by the City of Bremerton and if not claimed that such property would be
sold, and
WHEREAS, said personal property has not been re-claimed and h~s been held in pos-
session of the Police department for a period six months, now therefore,
BE IT EESOLVED, that the ~ayor and City Clerk ~f~the City of Bremerton be and
they are hereby authorized and instructed to advertise for the sale of said personal
property, to ~e sold at public auction to the highest and best bidder for cash, and
that the proceeds of such sale shall be disposed of as provided by law.
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 Sth day of Oecember
1946.
~otion by Mr. Kean mud Mr. Gorst to pass Resolution No. 552 as read, carried as
follows: Mr. Kean, yes; ~rs. Haddon, yes; Mr. Oorst, yes.
603
DECEMBER 5, 1946 (Cont'd)
Attorney also presented "Notice of Sale" on above, which had been prepared by
his office.
Clerk enquired if it wo~ld not be a better idea to make the districts for
ments cover a larger territory, thought it would make them less expensive to t he
Mr. Gorst explained that if districts were made larger that there would prQbably be
one entire block that would orotest, and possibly cause the whole district to be aband-
oned and that it seems to be-accomplished easier by smaller districts.
Mayor reported that he had a letter from the State of Washington Fuel Supervision
Administrator, who wants a committee appointed in Bremerton for Fuel Supervision, and
asked Council what number should be appointed on a Commission of thi's sort. Mrs Haddon
suggested five members.
Motion by yr. Kean and Mrs. Haddon that the Mayor be authorized to appoint a
committee, not to exceed five members, to work on fuel conservation, carried.
Some discussion occurred on the present coal strike.
Mayor commented that he had received a letter:~requesting what Bremerton will do
toward providing a set-up like they had last year for Boy's State. Mayor commented
he wanted to get in touch with Mr. Searle before any answer was given, but he did
not think that the same place could be used next year, although he considered Boy's
State a splendid thing and though it was good for Bremerton.
Mayor also reported that Tuesday he had attended an Executive Meeting of the
Association of Washington Cities and a request had been given for the Police Depart-
ment to attend, and they were well represented, to present a proposed pension and re-
tirement system and get coordinated. Wednesday the Executive Board met with the
Governor. Had a nice meeting and the Governor thinks the legislative program is good
and the requests fair, but the State did not have the money to carry all out.
Motion by Mr. Kean and Mr. Gorst to adjourn, carried.
APPROVED: ~w-~
,..4 _,
Mayo r