Loading...
HomeMy WebLinkAbout1989.11.13 Council MinutesMINUTES PASCO CITY COUNCIL SPECIAL MEETING NOVEMBER 13, 1989 CALL TO ORDER: The meeting was called to order at 7:30 P.M. by Ed Hendler, Mayor. ROLL CALL: By City Manager. Councilmen present were: Michael Garrison, Joyce DeFelice, Ed Hendler, Lee Kraft, E.A. Snider, Luisa Torres and Joe Jackson. Also present were: Gary Crutchfield, City Manager; and Greg Rubstello, City Attorney. BUSINESS LICENSE REVOCATION HEARING FOR AMBASSADOR VILLAGE, 1107 WEST LEWIS, ISSUED TO JOHN THOM, 199 EAST 23RD, KENNEWICK, WASHINGTON: The City Attorney opened Hearing by stating nature of revocation hearing and referred to binder of information previously provided the City Council. Mr. Ed Alden, Attorney for John Thom, asked to rebut statements made in regard to his client. Mr. Thom said he needed no oath but would tell the truth. Following are Kennewick incidents: Patricia Dixon Transaction. Mr. Thom was charged with selling a car radio for $10 to a 17-year old girl. He stated the girl was thirteen days less than 18 years of age and he filled out the proper forms. Michael Mahan Incident. Mr. Mahan had pawned a pair of snow skiis. Subsequently, Mr. Thom lent five pair of skiis to his church (including Mr. Mahan's) for an outing. Mr. Mahan came in to get his skiis and was informed they had been lent out by mistake. Mr. Thom offered to pay for temporary inconvenience but Mr. Mahan reported it to the Kennewick Police. The skiis were returned. Jennings Matter. Ms. Jennings pawned a ring in the spring of 1986. She did not return to retrieve it within 120 days. On the 123rd day, her boyfriend came in to get the ring without a ticket of which Mr. Thom refused. Ms. Jennings also came in to get the ring with a mutilated pawn ticket. Mr. Thom stated he paid for the ring. Trolling Motor. Mr. Thom claimed he purchased the motor at a Kennewick Auction (Redmond Brothers); therefore, did not have to fill out a slip because he purchased it from a licensed business. Detective David Allen testified that in April, 1988, officers captured a burglar who confessed to various burglaries. One was a trolling motor which the confessed burglar stated he sold to Kennewick Value Village the day after the burglary. A computer check showed no motor being sold to Kennewick Value Village. Acting anonymously, Detective Allen called Kennewick Value Village and asked if they had a trolling motor. Mr. Thom responded yes. When Detective Allen went to look at motor, it was identified as a Sears, only worked on high speed (same as confessed burglar had described it) and had been pawned under the burglar's name, date (day after burglary), driver's license and sold to Mr. Thom for $15.00. Mr. Thom stated he had the motor for 2 - 3 months and the ticket was not a pawn ticket. It had no signature nor stamp of the store on it. Upon questioning by the City Attorney, Mr. Thom denied saying he had the merchandise for 2 - 3 months. Mr. -1- SPECIAL MEETING PASCO CITY COUNCIL NOVEMBER 13,1989 Rubstello offered to run back tape to clarify this. Mr. Thom further stated he had not seen documents against him until this date. Mr. Taylor (his previous attorney) had been out of town and he had no knowledge of its contents. Mr. Kraft asked Mr. Thom if he had a problem in Kennewick with regard to reports, etc. Mr. Thom replied yes; they didn't always get to the City in a timely manner. He went on to state that he felt he was a victim of harrassment, and after numerous letters to Chief Farnkoff, the officer in question is no longer doing that detail. Since he has been in Pasco, his reports have been submitted daily in a timely manner. Mr. Jackson stated that Officer Allen's report indicated they observed business open with merchandise on the sidewalk and people milling around inside. When the Officer asked Mr. Thom if he was open for business, he replied yes and no. Mr. Thom replied that he stated yes, the doors are open but we are not ready for business yet as we are working on the deli. Mr. Dan Walsh, owner of Pasco Trading Post, stated he was very consciencious about submitting correct, timely reports to the Police Department. This is stressed at meetings of Pawnbroker's Association and if Mr. Thom had attended these meetings, he would be aware of the importance. Mr. Walsh further stated he never had a problem in Pasco during his 15-year tenure as a businessman. Mrs. Joyce Pollard, 609 W. Bonneville, stated she had been helping Mr. Thom at his store. The "closed" sign was in the window but the door was open so people were coming in to browse around. She, personally, heard Mr. Thom tell them that he could not sell them anything because he did not have his license yet and was not officially open for business. Mayor Hendler requested a short Executive Meeting but was informed that all testimony would have to be argued in an open meeting; therefore, he withdrew his request. Mr. Ed Alden, Attorney for John Thom, reiterated that Mr. Thom is buying the building in Pasco. His first contact with the City of Pasco was a letter dated October 5, 1989, personally handed to him with his business license, stating that a date of public hearing will be set by the City Council to consider revocation of Mr. Thom's business license. Mr. Alden thought that was a harsh welcome to the City of Pasco. He admitted Mr. Thom's mistakes in Kennewick, but reminded the Council that 7 out of 9 complaints had been dismissed in Kennewick. He felt Mr. Thom should be given an opportunity to conduct his business in a business-like manner before revoking his license. The City Attorney replied that he would like to take Mr. Walsh's statement one step further. With proper filing to the Police Department, it also protects the public and enables the Police to recover stolen property. Further, history will prove that Mr. Thom always appeals - he always says something different than what the officer states. These incidents go back to 1986 and include number of warnings Mr. Thom received before being cited. Yes, Mr. Thom was given a letter with his business license, but it was only fair to warn him what recommendation staff was going to make in this matter. Following three (3) calls from Mayor Hendler for further comments -2- SPECIAL MEETING PASCO CITY COUNCIL NOVEMBER 13,1989 from the floor, either for or against, the public hearing was declared closed. Mr. Kraft moved to adopt the proposed Findings of Fact: 1. John Thom, 199 E. 23rd, Kennewick, Washington, is the owner and operator of the Ambassador Village, a second-hand store, operating at 1107 W. Lewis, Pasco, Washington. Mr. Thom has a City of Pasco business license for such operation, issued 10/5/89. 2. At the time Mr. Thom was issued his business license for the Ambassador Village, he was issued notice by City staff that the Pasco City Council would be asked to consider the revocation of such license. 3. Mr. Thom has operated a pawn and second-hand business in the City of Kennewick known as the Kennewick Value Village at 415 E. Columbia Drive. 4. The City Council has reviewed the staff reports, Affidavits, exhibits, the sworn testimony given at this hearing, and further considered the arguments of legal counsel. In consideration thereof, the Pasco City Council believes that the evidence shows that John Thom has engaged in serious violations of the terms and conditions on which his Kennewick City business license was issued and has engaged in the violation of Kennewick Ordinances authorizing or regulating his Kennewick license for a second-hand and pawn shop business. The City of Pasco has similar regulations for the reporting of transactions by pawn and second-hand dealers. 5. Mr. Thom has engaged in wrongful behavior of a substantial character and of a public concern in relation to the operation of the Kennewick Value Village and it is in the interests of protection of the public health, safety, peace and welfare that Mr. Thom not be allowed to engage in a second-hand or pawn shop-type business in the City of Pasco. 6. The evidence shows that even before the issuance of the Pasco license, Mr. Thom engaged in conduct prohibited by the Pasco Municipal Code, by operating a second-hand business prior to the approval and issuance of a Pasco business license. Such conduct demonstrates vividly that Mr. Thom's conduct in Kennewick cannot be viewed in isolation or should not be expected to be repeated in the City of Pasco. The proper reporting of transactions serves an important Police and Public Safety/Welfare purpose. 7. Since the issuance of the Pasco license, Mr. Thom's Kennewick license has been revoked. It is no mere coincidence of the timing between his move to Pasco and the Kennewick proceedings to revoke his license. Further, I move to revoke the business license issued to John Thom for the Ambassador Village, 1107 W. Lewis, Pasco, Washington, and the privilege of John Thom to do business in the City of Pasco as an operator of a second -hand or pawn shop. -3- No further business, the special meeting ells, City Clerk PASSED and APPROVED THI2d DAY OF ourned at 9:05 P.M. I d Hendler, Mayor SPECIAL MEETING PASCO CITY COUNCIL NOVEMBER 13,1989 Seconded by Mr. Snider. Motion carried by roll call vote of seven (7). ADJOURNMENT: -4-