HomeMy WebLinkAbout12/31/46 D~OF_~BER ~1, 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 December 31, 1948, at 10:00 a.m. Mayor Keen
presiding, Commissioner Haddon, Commissioner Gorst, City Treasurer, City Attorney
Bryan and Assistant City Attorney Merkel being present.
Motion by Mr. Kean and Mr. Gorst to approve minutes of December 28 and December
30, 1946, as written, carried.
Clerk read Change in Pay Status for Kathlyn M. Cook and James W. Loughead,
Police Department.
Motion by Mr. Keen and Mr. Gorst to approve Change in Pay Status as read, carrie,
Letter from Manson Construction & Engineering Company, dated December 20, 1946,
addressed to Mayor and City Council, was read by Clerk, re City Dock, C.O.No. 1,
Bremerton, Washington, which stated City Engineer ham requested bid for work and
material on above project which was not mentioned in bid and required a change order;
Building bulkhead S.W. Corner of Dock, rehandling of lumber as ordered, Repair and
replace sills, Base of Building, Door repair and canopy cap, Scabs and removal and
replacement of caps under building, replacing old bullrail with new material also
fencing and ferry slip sill as ordered by Safety Commission. Submitted bid in the
amount of $1686.88 for doing the work and furnishing the material as mentioned in
City Engineer's request. Attached copy of Engineer's request. Signed Bill Royea,
Estimator.
Motion by Mrs. Haddon and Mr. Gorst to approve the Change Order on contract with
Manson Construction Company, carried.
Letter was read by Clerk addressed to City Commissioners, dated December 31,
1946, which stated the writer understands the City Clerk plans on resigning about
February 1, and makes application for the position. Qualifications and experience
are as follows: 2 years High School and two years college, 18 months vocational train-
ing as Bookkeeper and Auditor, finished training with certificate as bookkeeper and
Auditor. Four years experience in City Treasurer,s and City Clerk's Office as deputy
and is familiar with duties. Eighteen months with Internal Revenue Office in Montana
as Field Representative. Was appointed in 193~ as examiner in State Auditor's Office
at Olympia. Resigned position to spend more time at home with children. Fifty years
of age, married and has five children, all attending public school and Junior College
in the City. Owns home and paid taxes since 1926. Veteran of World War I, and wounds,
in action. Also in World War II and spend fourteen months in Alaska attached to the
Navy. First City employee to receive military leave of absence to serv~ in the last
war. References: E. J. McCall, Buel Gossett and Fred Krause. Will be ready any time
after January 6, 1947, to start work if appointed. Signed A. J. Harris, 920 Pacific
Avenue,
Motion by Mr. Keen and Mr. Gorst to note contents of letter and file with the
other applications, carried.
Letter addressed to City Council, Dated December 31, 1946, was read by Clerk,
which stated that due to financial stress, he regrets the necessity of tendering his
resignation as City Clerk. Enjoyed association with the Commissioners. Feels he is
withdrawing at a time when the Mayor needs all the support he can muster for his
program, but feels his family's welfare comes first. If the Commission feels that a
leave of absence would serve the city to a better advantage would be willing to ad-
here to the decision. If resignation is accepted, would like to have it become ef-
fective February l, 1947. During the year as City Clerk has neglected to put throug~
reforms which he feels are necessary, and now wishes to make recormmendations as fol-
lows for the consideration of the City Council. (1) All accounting to be placed
under City Auditor, with all accountants and all bookkeeping machine operators working
in conjunction with the City Auditor. Necessitates the centralization of water ac-
counting offices with City Clerk's office. Would be a saving of between five and ten
thousand dollars per year. (2) Establishing central warehouse for all material with
a perpetual inventory system. Under a purchasing agent with the proper number of
storekeepers to manage stores. Tools and so-called expendable material should be
stamped with city stamp. Each department should send in requisitions not more than
four times a month and preferably twice a month and purchasing agent or his assistants
should do the buying for the city. In case of emergencies, department heads should
have phone numbers of purchasing agent and his assistants, and obligations should not
be incurred by any person without authority. Building of proposed city garage would
be centralized place to operate purchasing department and warehouse. (3) Review of
building code with view to eliminating costly delays in home and business structures
dur to scarcities of certain material where a substitute could be made without lower-
ing quality of structure very much. Delays in construction are causing loan agencies
to cease qualifying loans that would ordinarily go through. Study of Building Insepc-
tot's Department with idea of setting up regulations of better public relations.
Dictatorial methods are used by inspectors on public at present time. This slows down
buiding, and inspectors quote verbally and interpret code as they wish personally in-
stead of for good of city. (4) Potential competitive economic strength of private
building is hamstrung by vast amount of public housing in this area and city should
make all efforts to eliminate all public housing not vitally needed and have released
to private contractors vast stores of building material held by the government. (5)
DECEMBER 31, 1947 (Cont'd)
Vital need in the city for an airport, and all efforts should be made to establish one
as soon as possible. City is losing tourist trade by private plane because of no
facilities. Local field would give aviation in the city an impetus which is needed to
establish it as a first Class city. City airport should be self-supporting by having
facilities provided where people can spend money, such as restaurants, sports acti-
vities and gas tax on fuel used by planes. (6) Parking meter system of collection
should be change~ to recommended system of locked boxes. Signed E..J_~nniRgs B~a__rd,
~ity Clerk. f
Some discussion occurred on the possibility of a six months leave of absence,
also, the possibility of Council appointing someone who might not wout out satis-
factorily.
Motion by Mr. Kean and Mr. Gorst to refer the resignation to the Committee of
the Whole for consideration, carried.
City Clerk introduced Mr.. Lanning, who had been awarded the contract for furnish-
ing top soil for the various playfields. Mr. Lanning stated he had completely fin-
ished the work, and wished to receive payment~ and that he could not wait until the
20th of January for payment as he had pay-rolls, etc., to meet. Clerk advised Mr.
Lanning to get a claim voucher and fill it out properly and the warrant would be
drawn for the full amount.
City treasurer reported that the State had been billed for assessments on L.I.D.
152, 140 and 220 as reco~nended by Mr. Davisson, State Examiner. Some of these dated
back to 1938. Treasurer reported the charges had been submitted to Mr. Otto Case,
Commissioner of Public Lands.
Mrs. Haddon commented that the State Finance CoE~ittee was meeting at 11:00
Friday morning in the Mayor's Office and study finance and budget laws.
City Attorney Bryan presented voucher for final bills also had inventory list
which would be turned over to new City Attorney as well as equipment which is owned
by the City.
City Attorney presented letter addressed to Mayor, dated December 31, 1946, whic!
was read by Clerk regarding prospect of "friendly" suit to determine whether or not
the City Council has legal right to raise salaries of the police department as pro-
vided in the 1947 budget. Attorney wished to protest against such procedure as his
last official act. Refusing to give the police department the raise after the Council
unanimously approved the increase is absolutely unnecessary and in Attorney's opinion
would be an unconscionable act. Stated in his legal opinion that law was so clear
that it was deemed unnecessary to secure an Attorney General's opinion, but requested
one pursuant to Council's direction. Discussed the matter by telephone with Mr.
Edward Lehan, Assistant Attorney General, who wrote the first opinion regarding the
ordinance which is commented on in Attorney's legal opinion regarding the ordinance,
and Mr. Lehan assured attorney that his opinion, which he is preparing, will support
their position and there is no reason why officers and members of the police depart-
ment can not be raised as of January 1st. Urgently requested no action be taken to
delay the wage increase for the Police ~epartment. Signed Jam~s ~. Bryan, Cit~t-
t0rney.
Some discussion occurred and it was stated that a friendly suit would clear up
the whole affair, rather than give the raise the first of the year, and perhaps avoid
trouble some time later, when it might possibly be that the pay raises would have to
be returned, thus making things more complicated.
Motion by Mr. Kean and Mr. Gorst to note contente of letter and file, carried.
Clerk read letter addressed to Jerry Yeadon, Chief Deputy City Clerk, from City
Attorney, regarding Attorney's opinion that the initiative ordinance became effective
ten days from and after date of approval of ordinance by electors at the polls with-
out the necessity of any publication. Controlling section of City Charter is Section
51, of Article XIII, which recites as follows: "Sec.51. If a majority of qualified
electors vote upon any ordinance initiated or referred shall vote in favor thereof,
the same shall take effect ten days after the election thereof, or the date fixed
therein;" Further opinion that the ordinance became effective ten days from date of
election, regardless of fact that ordinance as presented was in ss~e form as ordin-
ances presented for passage by City Council with provision that same should become
effective after publication. Reason for such opinion is when Council fails to pass
initiative ordinance and then goes to voter, above section 51 would control. Refer-
ence in later part of Section 51 is as follows~ "Ail initiative and referendum elec-
tions shall be conducted and publication of proposed ordinance shall be had in all
respects in the same manner as elections submitting questions or propositions to the
qualified electors", refers to publication to be made by County Auditor who handles
all city elections. Charter requires City Attorney's office to prepare ballot title
and Auditor takes care of all other details in connection with election. Believes
best practice for the public,s information would be for City Council to instruct City
Clerk by resolution to publish copy of initiative ordinances passed by the people,
but in Attorney's opinion this publication is not necessary in or~er for initiative
measures to become law. Signed James W. Bryan, Jr., City ~tto~ney.
City Attorney con~nented thst he had given this opinion verbally and had been
requested for a written opinion.
Motion by Mr. Ke~ and Mr. Gorst to note contents of letter and refer to Mr.
Yeadon, carried.
~GENBER 31, 1946 (Cont'd)
Assist~t City Atto~ey read Resolution No. 897, as follows:
WHEREAS, the City of Bremerton previously acquired the hereinafter described
real property for delinquent taxes and assessments and has sold the s~e pursuant to
law, ~d
WHEREAS, the description at the time of sale describes said property with rela-
tiqn to ~izabeth Street md did not describe the f~l portion of said tract up to the
center line lying between Elizabeth Street and Warren Avenue, leaving a tract of land
five'feet wide still in the name of the City of Bremerton, and
WHEREAS, the City of Bremerton intended to convey all of s~d tract up to the
said center line, now therefore,
BE IT RESOLVED that the Mayor and the City Clerk be, and they are hereby
authorized to execute a Quit Claim Deed to R. H. Hatch and Maud Catherine Hatch, recor~
owners os said~property, to the following described property:
That part of Lot 5, Tract 4, Warren Smith's Acre Tracts, according to plat
thereof recorded in volume 2 of Plats, page 51, records of said cowry,
described as follows: Beginning at a point 20 feet west of the southeast
corner of said tract on the west line of Elizabeth Avenue; thence north
65.50 feet; thence west 134.50 feet, more or less, ~ the east line of
.the west half of said tract as the s~e was originally platted in volume
2 of Plats, page 51, records of said county; thence south along said east
line of the west half 63.50 feet to the south line of said lot 5; thence
east 154.45 feet; more or less, to the point of beginning.
md to deliver said deed, when executed, to ~e Bremerton Title Company.
PASSED by the City Council of the City of Bremerton, signed by the Mayor,
attested by the City Clerk in authentication of such passage, this ~lst day of ~cem-
ber, 1946.
It ~as remarked that part of this strip owned by the City had already been
deeded over to Clark, and this took care of the rest of the 8 foot strip, which was
of no use to the city.
Motion by ~r. Gorst md Mrs. Haddon to pass Resolution No. §5~, carried as
follows: Mr. Keen, yes; ~rs. Haddon, yes; Mr. Gorst, yes.
Motion by Mr. Ke~ ~d ~rs. Haddon to approve all bills presented at this meet.
ing¥ if allowed by a majority, carried.
~ayor commented that arrangements had been made wi~ Judge Cart to swear in
the new City Attorney.
~otion by Mr. Ke~ and ~r. Gorst to accept the resignation of City Attorney
James W. Bryan, Jr., carried.
Gtty Attorney Oluf Johnsen was sworn in by Judge Cart.
Resolution No. 558 was dictated by J~es W. Bryan, Jr., as follows:
W~rEREAS, Deward L. Cady, former ~ayor of the City of Bremerton in the year 1914
has left this life after years of serElce to his f~ily and his community and his
country.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bremsr~n,
that sincere condolences be extended to the f~ily of Mr. Cady, and that copies of
this resolution be forwarded to She immediate members of his family.
PASSED by the City Council of the City of Bremerton, signed by ~he Mayor, and
attested by the City Clerk in authentication of such passage, this ~lst day of Decem-
ber,
Motion by Mr. Ke~ md Mr. Gorst to pass Resolution No. 5~8 es dict~ed,
carried as follows: Mr. Keen, yes; Mrs. Haddon, yes; Mr. Gorst, yes.
~tion by Mr. ~rst and Mr. Keen to recess this meeting until J~uary 2, i~A?
at 10:~0 a.m., carried.
APPROVED,
Mayor
JANUARY 2, 1947
The recessed meeting of the City Council of the City of Bremerton was held in
the Mayor's Office at the City Hall on January 2, 1947, at 10:30 a.m. Mayor Kean pre-
siding, Commissioner Haddon, Commissioner Gorst, City Treasurer and City Attorney being
~resent.
Clerk read letter from Commandant, U.S.Naval Base, Bremerton, Washington, dated
~ecember ~1, 1946, regarding Shore Patrol Headquarters Office, located in city's ware-
house building at 2nd Street Wharf, notifying it will be vacated on or about January 6,
1947, and inconformance with Navy's policy of full utilization of government owned
property in lieu of leased space. Navy desires to exercise its option to terminate its
lease, Number N0y(R)-~7910, with the City for space occupied by Shore Patrol Head-
quarters in accordance with termination provisions of lease agreement; by givin~ 30
days, notice in writing prior to effective date of termination of the lease. It is
desired that formal lease termination date be January ~1, 1947, confirmation of date is
being requested from Navy Department, Bureau of Yards and Docks. In accordance with
telephone conversation of December ~0 between Mayor and Chief Clerk, Public Works De-
partment, indicating that termination date of January 31, 1947, wou~ be acceptable to
both the City and the Government. Attention called ~o restoration clause in paragraph
8 of lease agreement, by which written notice is required 20 days prior to the termina-
tion date in case the lessor requires restoration by the Government. Signed R. W.
Christie, Hear Admiral, U.S.N.
It was suggested that the lease be considered and a decision should be made as
to what to do in regard to the restoration clause, and Mrs. Haddon suggested that the
Committee of the W~nole should go down to the dock and see what should be done. Sug-
gestion was made that the Council should decide what they wanted to do about the Dock
as a whole before being in a hurry to rent the space.
Motion by Mr. Kean and Mr. Gorst to note contents of letter and file, carried.
Mayor commented that it seemed too bad all available waterfront space could not
be used ~s?most of it was taken up by the Navy Yard, and it seemed too bad that the
waterfront near Evergreen Park had not been re-zoned as it would be an ideal spot for
small boat repair, etc.
Clerk read application for appointment to the position of City Clerk,addressed
to City Commission, dated January 2, 1947, signed by John A. Harader. Stated Council
is well acquainted with his character and qualifications as well as long experience in
public and governmental affairs, including Chamber of Commerce, the City and Navy Yard.
Motion by Mr. Kean and Mr. Gorst to note contents of letter and file with the
other applications, carried.
Letter was read by Clerk addressed to City Commissioners dated December ~1,
1946, subm~itting application for position of City Clerk in case vacancy occurs. Feels
qualified for that office as he has had considerable experience in municipal affairs.
Had ten years experience as County Treasurer and prior to that as Chief Deputy Trea-
surer. Has held present position as Assistant City Treasurer, since July 26, i~A~. If
he receives appointment will coqperate in every way with the City Council and conduct
business of Office of City Clerk in a dignified, efficient manner. Signed Fred C.
Wyckoff.
Some discussion ensued on how such an appointment would effect Mr. Wyckoff's
Civil Service status, and retirement under Civil Service.
Motion by Mr. Kean and Mrs. Haddon to note contents of letter and file with
other applications, carried.
Clerk commented he wished to explain that his letter written on His resignation
was meant as a criticism on his own office during the year he was City Clerk.
Suggestion in Item 1 is already planned, and in regard to Item 2, Clerk feels
that a City Garage should be built, and feels that the Purchasing Department should be
set up better.
Further stated that he did mean to criticise the B~ilding Code, and the Buildin
Inspector's Department.
Mayor commented that he was glad the Clerk brought the letter up, and remarked
that so far Bremerton had kept out of the headlines. Felt that the Clerk's letter was
meant as a criticism of his (Clerk's) Department, but the letter seems to criticise the
Council, and as far as a central warehouse is concerned, it has been discussed several
ti~es, and that goes with having the ~arage centralized where all repair work can be
done. As far as the accounting system is concerned, system recommended has been set
up and the contract awarded for delivery of the machine,.and the system will be put
into effect as soon as the machine is available.
Mayor also remarked that as far as the building code goes he had argues several
times ~that the Building Department is the same as the Police Department. Where the
are arrested for violations in the Police Department, the Building Department is a res-
trictive department to prevent vlola~ions. Bremerton's building code is the same as
396 other cities in 3~ states,.whether or not the interpretation is wrong or purblic
relations are wrong.
Clerk re~orted that he thought the building code was fixed up over night by a
few persons, and adopted in 1938. It was loosely drawn up and hard to interpret, and
in nine cases out of ten was interpreted according to the way the inspectors felt at
the time, and there are too many dictatorial methods of interpreting the code and in
dealing with the public. Also stated it is a hard Job, and hard to get people willing
to do it, but something should be done to clean it up and make the Building Inspector's
Department work more closely with the contractors and private builders.
JANUARY 2, 1947 (Cont'd)
Commissioner Gorst commented that he thought the Clerk was wrong, and was only
speaking of his personal views against the Building Inspector, himself.
Clerk remarked that he had received complaints in his own office against the
Building Inspector's Department and personally liked the Building Inspector.
Commissioner Gorst stated that during the war the building department had re-
laxed on several things, but that they are now enforcing the building code ~o get it
up where it should be in order to keep the fire hazard down. That perhaps at times
the Building Inspector considered personalities, but in 99 cases out of 100 he gives
the correct interpretation, and that he will give the same interpretation to one persoz
as to another, and that the percentage is high for the building department. Also,
that there were very few interpretations of the building code that the Planning and
Zoning Commission would not back up.
Clerk remarked that the Inspector would interpret the code one way for one
person, and another way for another person.
Commissioner Gorst retorted that other considerations came into such a problem,
and that building can not be done unless the builder complies with the regulations.
Mayor commented that the apparent tie-in with the Clerk and City Attorney in
the papers was unfortunate.
Clerk further went on in explaining his letter and stated in regard to Item 4
that he sincerely believes the Commission should consider getting public housing away
from here, and llve up to the agreement in regard to such public housing, and take
it out where there is no need for it.
Further stated in regard to the Airport, that there is a real need for one here,
and it is needed badly, and that he thought the City Council is in accord with that
reconmmendation, and that it is not a criticism, but a recommendation and that he has
been working on it.
Mayor stated that he understood the letter was not meant as a criticism, but
~ust recommendations.
Clerk continued on the parking meter system, as he stated he did not feel that
the collector should be subjected to such a chance for misappropriation of money, and
now there is no way to count the money until it gets in to the Treasurerts Office.
Mayor replied that the problem had been discusssed two years ago, and at that
time they had been unable to get the containers but that it was a good recommendation
~nd that this seemed to be much ado about nothing.
Mrs. Haddon stated that she was sure the Clerk had not meant a criticism of the
Finance Department, and that the State Auditor had commended the Treasurer's Office
for the handling of finances.
Clerk stated he wished to repeat that he had received all the support that he
could desire from the Commissioners, also that he had received all the support he
could ask from the City Attorney,s Office, but that he had felt the need of a full
time City Attorney in the City Hall, and had been among the first to suggest such a
solution. Further stated that he thinks the reforms mentioned in his letter should
be made, and he thinks the Commissioners are going ahead on things, but he feels that
more could have been done if they had all worked together and pushed, such as the
Wharf and the Manette Bridge.
Clerk reported this is date and time set for the opening of bids on Wafflechip
Equipment, which had been advertised in the Seattle Journal, but no bids were received,
and suggested the equipment should be declared surplus so that it could be disposed of.
Motion by Mr. Kean and Mr. Gorst to declare the property surplus and that the
City Clerk and Purchasing Agent be authorized to dispose of it to the best interests
of the City, carried.
City Attorney reported that Council's intention of closing Westpark Fire Station
had been referred to him, to see if there is any legal reason why this cannot be done
under City's lease with the Government, and that he had started checking on it, and
there seemed to be no legal obligation under the agreement to keep the Fire Station
in operation, but that he would like to check further before giving a final opinion.
It had been stated in a letter from the Washington Survey & Hating Bureau that West-
park Station could be closed and one additional man hired in the Fire ~Department, and
still keep the same Insurance rates. This would enable the City to put the Fire De-
partment on the shorter hour week as voted by the people at the election without
making it necessary to hire many additional men, and distribute the men and equipment
from Westpark Station to the other Stations.
Motion by Mr. Kean and Mr. Gorst that the City Council announce intention of
closing Westpark Station and direct the City Attorney to work with the Fire Chief and
Commission to that end, carried.
Attorney stated it would be necessary to draw up an emergency ordinance setting
forth pay to be received by himself, as the budget had been set up before he took the
position. Felt that an allowance of $300.00 a month should be made for the City At-
torney, and #100.00 per month for the Assistant City Attorney. Also, that he had ap-
pointed Merrill Wallace as Assistant City Attorney, and ~hat Mr. Wallace had agreed
to assist him in any way, and would attent meetings when Mr. Johnsen had to be out of
town.
Motion by Mr. Kean and Mr. Gorst to concur in the recommendation and appointment
of Merrill Wallace as Assistant City Attorney, and direct the City Attorney to prepare
the necessary ordinance in regard to the salaries, carried as follows: Mr. Kean, yes;
Mrs. Haddon, yes; Mr. Gorst, yes.
JANUARY 2, 1947 (Cont'd)
Clerk read report of separation for John A. FlaJole, Sanitation.
Motion by Mr. Gorst and Mr. Xean to approve separation as read, carried.
Motion by Mr. Kean and Mr. Gorst to adjourn, carried.
APPROVED: ...... ~r~ '~ '~
--Mayor