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TAPE #1756 UNAPPROVED DRAFT A ROVED
CITY COUNCIL MEETING MINUTES .ii''!A~ ~' ~ '~
March 7, 2001
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 7, 2001, at 5:30 P.M.,
with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser,
Carol Arends, David Farr, Mike Shepherd (arrived approximately 6:07 PM.), Ed Rollman, and Cecil
McConnell. Council member Wayne Olsen was absent. Aisc present were Deputy City Clerk Paula
Johnston; Special Counsel Glenna Malanca; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConne#, followed
by the invocation given by Chaplain Conrad Dodd, of Kitsap Lake Baptist Church.
Jim Reed stepped out of the meeting at approximately 5:35 P.M.
President Law made the following announcements:
1) A Pre-Council Session was held in the Conference Room to discuss general Council business;
2) There will be a 60-Minute Study Session immediately following the Council Meeting in the Council
Conference Room to discuss "Creating a Hearing Examiner System"; and
3) Next Wednesday there will be a Study Session to discuss the "Bremerton Fire Department".
CONSENT AGENDA
A. Minutes of Meeting - February 21, 2001 (#AB01-056)
B. Minutes of Meeting - February 28, 2001 (#AB01-057)
#0025 M/S/C/U (McConnell/Farr) Move to approve Consent Agenda as presented. (Jim Reed and
Mike Shepherd were not available for this vote)
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0050 M/S/C/U (Esser/Arends) On March 7, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 249760; and 249781 th¢ough 249948 in
the amount of $644,854.77; and Regular Payroll for the period ending February 28, 2001 in the
amount of $786,495.98. (Jim Reed and Mike Shepherd were not available for this vote).
Jim Reed returned to the meetin~l at approximately 5:40 P.M.
COUNCIL MEMBER REPORTS
Cecil McConnell thanked his constituents for their support, then referred to possible violations of the
Open Public Meetings Act after a recent article in The SUN quoted that a "majority of the Council" had
supported an issue, but a vote in front of the public had not taken place. He pointed out that the Act
stipulates that "individual contact to determine a vote" is a violation, which could lead to recall action.
Ed Rollman offered thanks to the citizens who called offering support for the Council; and called
attention to the Council meeting on December 20, 2000, where a request for expedited judicial review
was approved by a majority of the Council, and that Council was exercising their legislative authority
by this action. He also reported on the District 4 Neighborhood Meeting held Monday, March 5, 2001,
and thanked Norm McLoughlin and Roger Waid from the Kitsap Consolidated Housing Authority for
their presentation on "The Proposed Bremerton/Kitsap County Regional Government Center".
Citizens may contact FEMA at 1-800-462-9029 or 337-7038, or the Kitsap Homebuilders Association
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City Council Reg. Mtg. Minutes
March 7, 2001
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at 479-5778 to receive information on earthquake relief. Lastly, he sadly reported the loss of retired
City employee Bruce Allen, who passed away on Monday.
David Fart reflected on the intent of the OPEN PUBLIC MEETINGS ACT, which was to keep all
votes on decisions on all actions in meetings open to the public, to keep citizens informed. He
expressed his displeasure at recent actions by a majority of the Council, and therefore exercised his
option to ask for an Agenda item in two weeks for re-election of Council Officers. John Law stated
that he was not surprised at Mr. Farr's request for new elections, but asked that all Council members
to be present before such a vote would take place. Mr. Fart did not agree to the caveat, and
reiterated his original request for the re-elections to take place in two weeks. Ms. Malanca asked
that no further discussion take place regarding re-elections until she could research the Charter to
see if such an election was allowed.
Carol Arends discussed her participation on several Regional Committees where issues that are
important to the City are discussed such as the ferny system, and the prioritizing of major
transportation projects
Conrad Esser & Jim Reed encouraged citizens as well as the investment, real estate, and business
community to attend the combined District 8 & 9 meeting on Thursday, March 8, 2001 beginning at
6:30 P.M. at the Oyster Bay Public Works Conference Room located at 100 Oyster Bay Avenue to
discuss "Funding Sources for City Road Repair'', as well as the "Possible Elimination of the B&O
Tax".
Mr. Law In response to earlier comments, Mr. Law clarified that he had called a majority of the
Council members to find out if they still concurred with action taken at the December 20, 2000
Council meeting where the Council approved action (by a vote of 7-Yes and 1-No) to approve a
Professional Services Agreement for Mediation Services; and approved a Joint Request for
Expedited Judicial Review.
Mr. McConnell asked to provide additional comments, although Mr. RoIIman called for a "point of
order". Mr. McConnell clarified that his earlier comments were not regarding the December 20, 2000
meeting referred to by Mr. Rollman, but to the "individual activities" via e-mail, phone, or in person
where only four members of the Council are contacted. He also voiced concern over information
received at the Kitsap County Courthouse which showed a Motion of the Court was pulled Friday, but
re-filed the following Monday. Mr. Law stated that he was not aware of this Court action, and asked
for additional information. Ms. Malanca responded that Mr. McConnell may have seen a motion filed
by the Mayor's attorneys to have a visiting judge, but assured the Council it was not a motion for a
Summary Judgement.
MAYOR'S REPORT
Candidates for the Armed Forces Court were introduced who then invited the Council and the Public
to attend the Armed Forces Pageant on April 10, 2001 at the Bremerton High School.
Mayor Horton read a statement to establish her position regarding the current disagreement with the
Council, and the intent of the agreement made between the Mayor and the Council at the Study
Session on Monday, February 26, 2001.
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City Council Reg. Mtg. Minutes
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LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Elizabeth Buell asked whom to contract regarding a sewer problem that may be the fault of the City.
Mr. Farr responded that she could direct her concern to the Mayor, but that Gene Sampley, Director
of the Public Works Department, was aware of the problem, and would be contacting her soon.
Mike Shepherd arrived to the meeting at approximately 6:07 P.M.
Carlos Montgomery and Darryl McDermott expressed their views regarding the Mayor and Council
disagreement.
Don Larson suggested the City's web site have a link to the Washington State tourism site, as well
as the Puget Sound Dive Shop to fully expand on the many attractions of the area. He also
encouraged the public to attend the Sinclair Inlet Clean-Up Event on Saturday, April 21,2001.
Elizabeth Buell pleaded with the Council to take action on some of Mr. Larson's ideas.
9A - TOWER SPACE LEASE AGREEMENT WITH CONVERGENCE TECHNOLOGIES, INC.
(#AB01-058): Deputy City Clerk Paula Johnston summarized that Convergence Technologies Inc.
has proposed to lease tower space on the City's Cheryl Street telecommunications tower for a term of
3 years with an option to renew. The proposed rental amount is $100 per month, which is competitive
for like kind antennae attachments and equipment. It was pointed out that this is one of the few
towers that are owned by the City of Bremerton. John Stockwell and Jim Kendall, representing
Convergence Technologies, Inc., were available to answer any additional questions.
Stewart Dem_~ster asked how much money the company project to make by having a tower on this
site, and wanted to know why the City was only charging $100 a month. Ms, Johnston responded
that the proposed rental rate was competitive; and John Stockwell, President of Convergence
Technologies, Inc. stated that he could more adequately answer the question regarding expected
revenue in a year from now.
Mr. Reed was confident that all efforts were made by City staff to ensure that the proposed rate was
competitive, but predicted that the City may be able to adiust that rate after this 3-year period.
#1726 M/S/C/U (Shepherd/Rollman) Move to approve the 3-year Lease Agreement on City-owned
tower with Convergence Technologies Inc.
9B - PURCHASE SERVICES AGREEMENT WITH WASHINGTON TIMBERLAND MANAGEMENT
FOR HARVEST MANAGEMENT, MARKETING, AND FORESTRY SERVICES (#AB01-059):
Forestry Manager Bill McKinney stated that Washington Timberland Management (WTM) will assist
in completing Forest Practice applications, conduct field marking, provide logging plans, operators,
operations management, and marketing for highest value, on selected second and third growth timber
stands within Water Utility forest land as specified by the Forestry Manager. Harvest will consist of
primarily uneven-age and selective operations. The Forestry Manager will determine residual
stocking and leave tree selection. This action will further the overall goals of the Forest Management
Plan and will substantially contribute to the Water Utility's revenue for 2001. WTM will be
compensated by receiving 9% of the delivered Icg price on harvested timber. WTM was the only
respondent in recent RFQ's for forestry related purchase services.
There were no comments from the public.
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City Council Reg. Mtg. Minutes
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Mr. She.oherd asked if this project would deal with the root rot problem. Mr. McKinney responded
the operation would mainly concentrate on "thinning" of etd growth.
#2030 M/S/C/U (McConnell/Arends) Move to authorize the Mayor to execute the attached Purchase
Services Agreement with Washington Timberland Management.
10A - ORDINANCE (FIRST READING} APPROVING AN INTERLOCAL AGREEMENT WITH THE
TRACYTON WATER DISTRICT: AND WAIVING THE PROVISIONS OF BMC 15.02.040 f#AB01-
060): Public Works & Utilities Director Gene Sampley reported that on February 29, 2000, the
Tracyton Water District and City of Bremerton entered into an inter-local agreement for the design,
construction and financing of water system upgrades within Tracyton Water District in anticipation of
District dissolution. The City and District successfully secured a Public Works Trust Fund Loan for
the design and a State Revolving Fund Loan for construction of the project. The Interlocal Agreement
completes the agreement between the City and the District providing for an inter-governmental loan
for cash flow requirement during construction, setting forth the means for repayment of all loans, and
other provisions for rates, front footage fees, and the effect of annexation of properties within the
benefit area. Financing of these improvements are structured for District dissolution and City
assumption of the District's debt. Additionally, the Ordinance waives, prior to dissolution, the
provisions of BMC 15.02.040 (Service Beyond City Limits) for all properties served by the Tracyton
Water District that at the time of dissolution of the District become water service customers of the City
of Bremerton.
There were no comments from the public.
#2360 M/S/C/U (Farr/McConnell) Move that City Council approve ordinance on first reading, adopting
the Interlocal Agreement between the City of Bremerton and the Tracyton Water District, waiving the
provisions of BMC 15.02.040 as it applies to that Agreement, and directing the Mayor to execute the
attached Agreement.
With no further business, meeting concluded at 6:40 P.M. Council then reconvened in the Council
Conference Room for a 60-Minute Study Session to discuss "Creating a Hearing Examiner System".
Prel:~red and Submitted~y~;
L-~RI ~MITH, Legislati~'e As~'~tant
Attes~'~ /¢,~ /
P'C(0LA JOH,~.. ,~TON, Deputy City Clerk
(/
~J~:~N LAW, City Council President City of Bremerton
JL/PJ/Is/cge
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