06/24/1974 - Regular - MinutesPort Orchard, Washington
June 24, 1974
Council of the City of Port Orchard, Washington called to regular meeting
by Mayor Pro Tempore Robert G.Geiger. Council members present: Caldwell,
Doyle, Libby and Roos. Councilman Fulton excused while on vacation and
Councilman Van Zee on account of illness. Also present Engineer Knobbs,
Chief Dow, Chief Weatherill and attorney Terry McCluskey.
Councilman Caldwell moved that the minutes of the meeting of June 10,
1974 be approved as circulated. Motion seconded by Councilman Roos.
Councilwoman Doyle moved to amend the motion to make the following
corrections:
Page 1, Paragraph 5: Ms. Doyle pointed out that budget amount
was $19,000 and that arterial street money should be obtained
for arterial paving. (ADD Federal before shared revenues)
Page 2, Paragraph 3:(Statement attributed to Attorney Sexton is
nonsense and should be corrected,)
Page 2, Paragraph 4: Line 8 Mrs. Doyle reported the clerk's
answers to questions:
Who authorized the extension of the insurance coverage?
No one.
Who authorized the writing of specifications by insurance
agent? No one.
Who reviewed the bid specifications before publications?
I think Paul (Powers) saw them.
Page 2, Paragraph 4: Line 16 Mrs. Doyle thinks the awarding
was unfair and possibly illegal.
(ADD)
Move paragraph 5 to top of page 4 after 4.
Page 3: Council reviewed the report on environmental impact
and accepted it. (Delete last line as not part of the motion
and an appropriate. The word insignificant was not used here
and does not apply.)
Page 3, Paragraph 3: ADD (first) An explanation of the settle-
ment agreement on the downtown marque was given by Attorney Sexton.
Number 2: Contract with Kramer, Chin and Mayo (last)
Number 3: Add engineering before consultant.
Page 4: Add: Mrs. Doyle noted that new copies of the budget
had just been distributed. She distributed graphs of the city's
revenue and expenditures for comparison with other cities in
the state.
Page 4: Add: Caldwell stated that additional water was needed
in order to attract new developments to the area.
Page 4, Paragrapg 2: ADD Mrs. Doyle asked that in fairness
to the engineering firms who had applied to the city that they
should be considered, and noted that two firms had locally
based personnel who could supervise construction, but Kramer,
Chin and Mayo did not.
(Check statement attributed to attorney with him This is
meaningless as it stands:)'the contract is of standard
form'should be replaced.)
9
June 24, 1974
Page Two
Page 4, Number 1: engineer's report cost would be $3,000
or 4,000 or 5,000.
Last paragraph, middle of lst line: those people WHO
Page 5, Paragraph,5:add at end of 1st line: Waiver fee of $10
to civic service clubs.
Paragraph 6: add at end of next to last tence:
except for some employee time. Change � to g� side of
Prospect.
Paragraph 7: 3rd line administrative assitant Milt
Martin
Last 2 lines: There is funding available now until
December at 75% after which is expected to decrease to 60%.
Councilman Roos stated that the tape recorder which Councilwoman Doyle had
set up to record be removed from the room. Councilwoman Doyle stated the
recorder was for the benefit of the Clerk in that he could get accurate
minutes and also for the public so they can hear accurate minutes.
Councilman Roos called for a point of order and wanted a ruling from
the Chair in that in his recollection the Council had moved at a previous
meeting that the minutes would not be recorded. Mayor ruled that the
recorder would not be used.
Mayor Geiger acting as Finance Committee Member reported on the financial
condition of the City as of the end of May 1974. The revenues have been
received by the City in approximately the amounts as had been anticipated.
Also, that the City is in good financial condition as of the date of the
report. Also stated that the department heads have been very careful in
their spending and that the expenditures are also as had been expected.
Councilwoman Doyle reported for the Park Committee, stating that she
had inspected the parks and found very little work is being done, that
the School Di
�t had hir d one man and the supervised recreation
program will the of July. The basement is being used to
store tables. TA, I sement should be used for community use and the
building should be tept open for public use, suggesting that the City
waive the fees -err
and that there are many responsible persons here that use the keys
and would like to have this facility widen its use. Also stated that
there is $104,000.00 budgeted in federal shared revenues and would like
to see some of this money used for recreational facilities. Mayor stated
that the Park Commission and the Park Committee should study these items
and come up with recommendations for the Council to consider. Chief
Dow was informed that the lights in the Active Building are not being
turned offbythe night patrol officer and this should be investigated.
Mayor Geiger stated that he had overlooked an item on the Financial
Report and at this time would like to report to the public and the
Council of the items and the transaction relative to the 1973 Refunding
Bond Issue. Stated that because of the high interest rates in 1969
caused by a short money market, the City entered into this refunding
issue as did many other municipalites in order to recoup some of the
interest costs. The complete report on the the 1973 Refunding Issue
is as follows:
February 26, 1973
Hon. Paul D. Powers, Mayor
And Members of the City Council
Port Orchard, Washington
Gentlemen: Attention - Robert Lloyd, City Clerk
I will pay you $100.00 per each $100.00 principal amount,
plus accrued interest, for all of $300,000 legally issued City
ta
June 24, 1974
Page Three
of Port Orchard, Washington, Advance Refunding Water & Sewer
Revenue Bonds, 1973, bearing interest at the rate of 6 1/8%
per annum and maturing serially in the same dollar amounts
and on the same dates as those of your presently outstanding
Water & Sewer Revenue Bonds, 1969. This proposal is for bonds
bearing the approving legal opinion of Roberts, Shefelman,
Lawrence, Gay. & Moch, bond counsel, Seattle, Washington, which
the City agrees to furnish.
I agree to sell you, and you agree to buy from me, $300,000
principal amount of United States Treasury 6 5/8o Notes due
November 15, 1979 at a price of $301,000 plus accrued interest.
These U.S. Treasury Notes are to be placed in trust by you to
secure the above issue of Advance Refunding Water & Sewer Revenue
Bonds, 1973. Upon the maturity of these U.S. Treasury Notes on
November 15, 1979, the principal proceeds are to be used to
refund and pay your outstanding $300,00 of Water & Sewer Revenue
Bonds, 1969, on December 1, 1979 at a price of 102.50.
When the outstanding Water & Sewer Revenue Bonds, 1969, are redeem,
ed on December 1, 1979 the new issue of Advance Refunding Bonds,
1973, are to be secured by all of the covenants and protective
features of the presently outstanding 1969 issue.
This Advance Refunding operation is calculated to save the City
of Port Orchard an estimated $41,784 of interest:
7 3/8% interest on outstanding $300,00 Water $ Sewer Revenue
Bonds, 1969, from 12/l/79 to 12/1/94-about $246,330
6 1/8% interest on $300,000 Advance Refunding Water
& Sewer Revenue Bonds, 1969, from 12/1/79 to 12/l/94
about 204,546
Indicated interest saving to Port Orchard $ 41,784
The interest cost, bond premium of $7,500 , legal and printing
costs of the new Advance Refunding issue of 1973 will be pro-
vided by the interest to be received by you from the U.S.
Treasury 6 5/8% Notes, as follows:
I circulate the interest to be earned by you
from the $300,000 of U.S. Treasury 6 5/8%
Notes over the term to 11/15/79 amounts to
I calculate the interest to be paid by you on
the $300,000 of 6 1/8% Advance Refunding Water
&Sewer Revenue Bonds, 1973, over the term to
12/1/79 will amount to ..................... $122,495
The 22o premium (price of 102.50) to be paid
by you upon redeeming the $300,000 of Water &
Sewer Revenue Bonds, 1969, on 12/1/79 (the re-
funding date) amounts to ................... 7,500
Cost of the legal opinion and printing of the
new $300,000 of Advance Refunding Bonds, 1973 1,500
$132,495
Premium to be paid by you on the purchase from
me of the $300,000 U.S. Treasury 6 5/8% Notes 1,000 $132,495
(0)
This offer is respectfully submitted for acceptance this 26th
day of February, 1973.
Sincerely,
Terry Thompson & Co.
By:
The foregoing offer of Terry Thompson & Co. is hereby accepted 3
June 24, 1974
Page Four
in accordance with its terms by official action of the City
Council at regular session this 26th day of February, 1973.
ATTEST:
CITY CLERK MAYOR
Councilman Roos asked the Mayor to inform Councilwoman Doyle to abide
by the rule of the Chair earlier to cease the use of the tape recorder.
Councilwoman Doyle responded by saying the Council is not in the spirit
with the 1st Amendment and that she would like some cooperation from the
Council. Mayor Geiger recessed that meeting for a coffee break at 8:50
P.M.
Council resumed meeting at 9"05 P.M. Mayor reported that the minutes
of March 11, 1973 stated that the City dispense with the use of a tape
recorder at their meeting, but that a private citizen could use a
recorder if they so desire, and on this theme Councilwoman Doyle continued
to use the tape recorder.
Mayor Geiger pointed out that the omission of the interest income to the
City from the Treasury Notes was of significant importance and should
have beem included in the letter in which she accused the Council action
constituting a betrayal of the public trust, said letter being published
in the Bremerton Sun. Councilwoman Doyle, stated that she heard no errors
or misrepresentation found in her letter. Councilwoman Doyle also stated
that her conclusions were valid and that the Council takes the work of
the one Broker and agrees to whatever he says, and that the Coucil should
ask a lot of questions and find out what is good for the City. Mayor
informed Councilwoman Doyle that there were two brokers who were asked
about the money market and the interest rates at the time of the 1969
Water -Sewer Revenue Bond Issue and that they were in agreement.
Councilman Roos, member of the Water Committee reported that there were
45 water taps installed in Sidney Street between Division and Melcher
Streets replacing those that were found to be old and leaking. The job
was completed over the weekend with the cooperation of the entire crew
of Public Works. Also, the marina is about 90% complete. He further
reported that Annapolis Sewer District has permanently sealed in the
15" line from manhole #25 with a plug.
Chairman Libby of the Police Committee reported that they could not
come to any conclusions re "Mr. Monteith's complaint, or on the false
alarms problem as the Chief has been out of the City. This will be
accomplished when the Chief returns. Also, the delivery of the new
police car should be in a few weeks.
Chairman Caldwell of the Street Committee reported that they may have
a crushed rock surface on the Port parking lot in time for the carnival,
and that the Harbormaster has allowed the carnival to use the lot. Stated
that the City's backhoe, a 1966 model, is in need of a complete overhaul
plus a motor overhaul, and the cost of both the engine and chassis over-
haul would amount to $6,000.00. Also, the Case Company had loaned a
Model 580 for the City to try and would sell it to the City for $11,000.00
less $2,000.00 turn in on the Model 530. This machine will dig deeper
and is larger, and would like Council to consider the purchase of the
Model 580, and allow the Superintendent of Public Works to call for bids.
Reported that the Utilities Fund has been increased with the receipt of
$18,700.00 from the Federal Water Act because of increase in the per-
centage of the matching funds which had not been given at the time of
the Westbay Interceptor Project. Also, that it is necessary to obtain
r/w deeds from the residents in the area, from Melcher to Taylor
Streets. Probably would use �2- culvert (open drain). The City has
received four employees from the Department of Labor and Industries,
three are in the Department of Public Works and one in the Clerks Office.
These employees will be with the City for a period of ten (10) weeks,
u
June 24, 1974
Page Five
they will receive $2.00 per hour which will be paid by the Department
of Labor and Industries on behalf of the County and the only requirement
of the City is to complete and furnish time sheets to the Department
of Labor and Industries. Informed Council that the contractor on the
Sidney Street job may be forced to cease operations because of possible
strike.
Mr. and Mrs. Cumbo, Rt. 3, Box 39, requested permission of the Council
to place a mobile home on an acre of property owned by them on Sherman
Avenue, next to the Collin's barn and about 1000 feet west of Sherman.
They stated that they have placed money down on an 8' x 42' mobile
home and it can be seen at Hunts Mobile Sales at Gorst. Matter referred
to Street and Alley Committee to be reviewed and investigated and to
report its findings at the next Council meeting. (E acre of the W/2
of SE4 of NW4 Sect 35 - 24 - LE North of existing access road.)
Mrs. Kay Knierim, 814 Bay Street, stated that she had leased at the
aforementioned address and had inquired at the City Hall if a business
license was required in the City and when informed in the negative, had
proceeded to redo the inside in a motif congruous with a boat boutique.
She stated she has about $4000.00 worth of merchandise available, and
the Building Department of the City in conjunction with the Fire
Department informed her that her interior or furnishings did not comply
with the fire standards of Fire Zone #1 and that she could not open
her business to the public until compliance is met. She stated that the
City should have a business license to protect people like herself.
Council informed Mrs. lierim that the Fire Committee and the Fire
Chief, under the jurisdiction of the Building Inspector, would meet
with her and work out something. Fire Committee will again review the
pending action on Business Licensing.
Mayor recessed Council at 9:35 for break.
Mayor called the meeting back to order at 9:50 P.M.
Chief Dow reported that the Chief's Conference was quite productive, that
new criminal history files will soon be available from Washington D.C.
thru the teletype and there will hopefully be a new training academy
for law enforcement officers in the near future.
Attorney McCluskey informed Council that he had discussed the Clauson
problem with Mr. Clauson's attorney and as neither could agree as to
the definition of an open storage yard, it was mutually agreed that the
City would file an injunction against Mr. Clauson and this will be
argued in the courts. Also, the matter of a Special Use Permit will be
argued..in the courts.
Clerk reported that no answer had been received from the School District
on the City's proposed contract with the School District for joint cooper-
ation for supervised recreation at the Givens recreational area.
,Zeerca*m oval
Dir ..��1.��.i�.t�,ic��,-�•A�s�...,end,-����a.,
1 as to
insuring the intif ""°tc to°iti ° tfi= grogram: Councilman Roos
stated he had met with Mr. Hergert and was informed that a man has been
hired for the project. Clerk will contact School District relative to
the agreement.
A study session will be set up some time after the July 10 meeting to
determine what is to be done in the area of a zoning ordinance.
Engineer reported that at the end of June a permit will be obtained from
the Kitsap County Health Department to allow the City to discharge sludge
from the treatment plant at the disposal site.
On motion by Councilman Libby, seconded by Councilman Caldwell and carried,
Council approved the Kiwanis Club to hold a Coaster Derby on Kendall
Street and close that portion of Kendall between Sidney and Cline from
9:00 A.M. to 1:30 P.M. on July 4, 1974 and that the Kiwanis will obtain
a liability insurance policy in the total amount of $1,000,000.00 cov-
ering Bodily and Personal Injury and Property Damage, and that said
r
June 24, 1974
Page Six
policy shall hold the City harmless from and against all claims, damages
or lossed it may suffer occasioned by the acts of the Kiwanis Club
during the Box Car �1erb Councilwoman Doyle voted no, hf� cr�aaC- t,r "51 aA t"F
Sfr uC�}f �esd as AIC µ S(•f E /f'11V P f ASA.O- u,VA ac ►W907 Dem4,V'D be -
Clerk read letter from Butler and Associated Insurance Company relative
to the call for bids by the City for the City's insurance needs for the
next three years. Three points were listed as follows:
1. The City of Port Orchard prepared and provided the specs.
2. Item #21 asked that we exclude false arrest for the Police
Department.
3. There was no mention in the specs that there could be any
negotiation to change or alter the bid.
Also stated his office and his bid were not fairly dealt with. Council-
woman Doyle moved that the Attorney review the procedures in the call for
bids and the award of the bid, prepare opinion of the procedures and for-
ward this with a copy of Mr. Butler's letter to the State Insurance
Commissioner for his consideration. Motion seconded by Councilman Cald-
well. Councilwoman Doyle stated that the Council cants to be fair and
that a question has been raised,. sheu-3&_ abide ,
„1se tit �'�„ ,.,. r.ght__aa_te-eti�er ecpny ta- be -hers On
the question, Council did not carry the motion, with three nays and one
Yea.
The agreement from the South Kitsap School District to allow for the
marching band of the Senior High School to use Mitchell Avenue for prac-
tice in marching referred to Attorney for review and will be acted upon
at the next meeting.
On motion by Councilman Caldwell, seconded by Councilman Libby and carried,
Council approved the Mayor to sign on behalf of the City, the Communications
Planning Study Report prepared by the Kitsap County Civil Defense.
On motion by Councilman Roos, seconded by Councilman Caldwell and carried,
Council approved that Mr. James Gay, of the firm of Roberts, Shefelman,
Lawrence Gay & Mock, IBM Building, Seattle, Washington prepare the ballot ,r
proposition for the General Obligation Bonds for the election on Septem-
ber 10, 1974. Councilwo n D,YI seated the Council should reconsider
the bond ballot an`�Af �f�e�'tha �`t 84,people will not vote the bond
issue in and that this is a waste of time and effort. She further
stated that the people are not getting oiW on this project.
Counailwman Doyle- voting -no.
On motion by Councilman Caldwell, seconded by Councilman Libby and carried,
Council approved the Mayor to sign on behalf of the City the Union Con-
tract between the City and The Washington State Council -County & City
Employees.
Clerk presented Council with the completed Evaluation and Declaration of
Environmental Significance as prepared by developers, Mr. & Mrs. Louis
Molzahn, 1866 Sidney for a determination as the significant effect
to the environment, if any. City Engineer explained areas in which there
could be problems and after considerable discussion relative to the area
and the environment, the Council, on motion by Councilman Caldwell,
seconded by Councilman Libby and carried, tabled any action until next
meeting.
Councilman Roos moved and Counilman Caldwell seconded that the Fire
Department be allowed to have a truck and uniformed firemen at the Box
Derby on July 1, 1974 at 9:00 A.M. Motion amended on motion by Libby
and seconded by Councilman Roos that the City command car also be
allowed to be at the race. Council approved the amendment to the motion.
On the amended original motion Council approved the motion as amended.
Councilman Caldwell reported that he would attend the meeting at 7:30
P.M. on Wednesday June 26, 1974 in the Council Chambers called by Commis-
sioner Mahan relative to a public swimming pool.
Councilwoman Doyle read letter to the Mayor and the Council protesting
June 24, 1974
Page Seven
the Clerk did not notify her of a meeting on June 4, 1974. That letter
is as follows:
To the Mayor and Council, Port Orchard:
I was not notified of the meeting of the full council
in public study session on the important question of water
supply which took place on 4 June 74.
I asked other councilmen at the meeting, and they informed
me that the city clerk had made telephone notifications
to them. Both my husband and I were home most of the time
that week and would have responded to attempts to reach me.
I notified Mayor Powers at the time of the negligence in
notifications. The clerk said he thought he had checked
my name. The fact is he did not notify me. I read the
newspaper notice and appeared at the meeting. I will remind
you that there was no other., notification and the meeting
had not been announced previously.
Maxine Doyle
Councilwoman Doyle reported that she had attended the AWC Convention
in Seattle but would hold her report until the next Council meeting.
Councilman Libby read a letter prepared by him to the Council in regard
to the letters that appeared in the Letters to Editor submitted by
Councilwoman Doyle. The complete text is as follows:
I would like to take a brief time to respond to the accusations made
by Councilwoman Doyle in the "The Letters To The Editors" columns
of both new8papers last Wednesday.
We've been accused, and when I say we, I mean I have been accused
of having lost sight of the reason for my position as a City Council-
man.
Let me say here, that my one desire for seeking this position was to
serve the people oflPort Orchard and to make our city a better place
in which to live.
Each time I vote on an issue brought before this Council, I vote as
I think one of our citizens might vote.
I very strongly resent the in print attack on the members of the
Council and me personally as a member of the Council.
I feel this was an attack on my personal integrity as well as the
integrity of my fellow Council members.
We've been accused of Cupidity and Stupidity by Mrs. Doyle.
If I'm to be accused of being greedy, this is so, I'm greedy of having
the best for our city. Even if we as tax payers have to pay more
dollars to attain the best.
I would also inform Mrs. Doyle in regards to her use of the work
stupidity.
I do not consider myself lacking in intelligence, neither do I feel
that I'm guilty of an extreme dullness of perception or under standing.
I feel that Mrs. Doyle owes an apoligy for her written words to me
and to this Council as a whole.
Meeting adjourned at 11:30 P.M. on motion by Councilman Roos seconded
by Councilman i,,ibbv and carried.
CLERK MAYOR
The following, corrections to the minutes of June 24, 1974 are submitted:
Fa-e 2 \r'Line 7 Change South to North
Yaragrajh 4 Line. 7 delete after "fear''.
I-a-9 5 Paragraph 8 . delete Unes 4 - 7
Page 6 Paragraph 1, ADD because of the insurance stipulation which
she had spoken against as an unnecessary demand on Kiwanis.
V-I'aragraph 3, Delete line 8 and 2nd half line 7
Paragraph 6, line 5, AI.;: replacea-I xredicted " with
"Wade a political prediction".
ne 8, replace "any choice" with
"a reasonable choice".
Resrectfully,
Maxine Doyle