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.
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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
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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.
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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:
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