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HomeMy WebLinkAbout07/05/95TAPE #1299 UNAPPROVED DRAFT COUNCIL APPROVED JUL 26 1995 CITY COUNCIL MEETING MINUTES JULY 5, 1995 #0053 #0073 The regular 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, July 5, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos Montgomery, John Law, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and Acting City Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Council member A1 Colvin. CONSENT AGENDA A. Minutes of Meeting - June 14, 1995 #AB95-143 B. Bid Award - Pesticide Storage Building, #AB95-144 Gold Mountain Golf Course M/S/C/U(Neville/Overson) to approve the Consent Agenda. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW42.24.080, 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. M/S/C/U(Colvin/Dawkins) on July 5, 1995, the Council does approve for payment those vouchers included and further described as follows: 185928, 185930 through 186198 in the amount of $460,975.66; and Regular Payroll for the period ending 6-30-95, in the amount of $731,279.97. President Huff-Menees made the following announcements: (1) City Council Executive Session immediately following the City Council meeting, in the Council Conference room. The topic to be discussed is "Real Estate Acquisition". (2) City Council Study Session - July 10, 1995, 6:00 - 9:00 P.M., in the Council Conference Room. Topics of discussion: Construction Project Update Report; Midyear Budget Adjustment/Public Works & Utilities Department; and Parks and Recreation Overview. COUNCIL MEMBER REPORTS TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 2 of 12 Mr. Overson acknowledged there was a lot of excitement on the 4th of July. He extended his thanks and appreciation to the Police Department for wrestling down numerous difficult situation when they were extended beyond their resources. It is his hope that in future years something can be done to reduce the enthusiasm or keep it focused in more positive forms of celebration. He wants the public to be aware that it is not legal to discharge fire works in City parks or County parks. It appears citizens thought fit to discharge fireworks on the boardwalk, which resulted in significant debris being strewn all over. He did appreciate the Parks Department for their clean-up efforts. Mr. Neville announced an L.I.D. meeting will be held for Park Avenue residents at Evergreen Park, July 13, at 7:00 PM. Mr. Farr announced a neighborhood Open House regarding the Bremerton Ferry Terminal-Gorst Vicinity Highway Improvement Project, July 13, at 5:30 PM, at the Bremerton School District Administration Building, at 300 N. Montgomery. Mr. Law announced the next District #3 Neighborhood meeting will be July 18, 7:00 PM, at the Senior Center located at 13th & Nipsic. The theme will be "Fire Department on Parade" with fire trucks and medic units on display, a sprinkler demo, and everyone will have the opportunity to use a fire extinguisher and fire hose. This will be fun for the whole family. He reminded everyone starting July 6 the Manette Bridge will be closed from 9:00 P.M. to 6:00 A. M. through the first week of September. Mr. Montgomery said he attended the District 3 "Fire Department on Parade" meeting last year and it was outstanding. He artended the AWC conference last week, and learned a lot. Mr. Dawkins was glad everyone made it through the 4th of July in one piece. Mr. Colvin said he had a safe and sane 4th. There was very little debris left at Lions Field, and he thanked the Parks Department for all their efforts. He also attended the AWC conference and had the opportunity to meet with Seattle Mayor Norm Rice. Regarding Initiative 164, he urged all citizens to pay attention to it, and asked Ian to comment on it. Ian Sievers, City Attorney, stated there is a referendum petition being circulated and it is best to wait and see if it reaches the ballot; then the Council and other public employees will be restricted as to the comments they can make. As stated before, Initiative 164 restricts land use decisions and regulation by all local jurisdictions within the state. TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 3 of 12 Mr. Winters thanked the citizens he met over the 4th of July. He also thanked the citizens for being very smart with fireworks. Mrs. Huff-Menees reminded the public of the traffic revisions in the area of Callow Avenue, Farragut Avenue, Rodgers Avenue, Wycoff Avenue and South Cambrian. She asked everyone to please exercise caution when traveling through those areas. Districts #6, #7 and #8 have produced a newsletter and anyone living in those districts may receive a copy, if they haven't already, by calling the Council Office 478-5280. MAYOR,S REPORT Mayor Lynn Hotton stated the firefighters were veryconcerned about the very dry conditions and were happy to see the mid-afternoon rain on the 4th of July. She thanked the Police and Fire Department personnel for their handling various situations during the 4th of July celebration. She was pleased to report that the Maple view Drive neighborhood dispute has been settled with all the parties coming together and a neighborhood picnic was held on July 4th, with all parties attending. She thanked the Police Officers, Mr. Jewel and other neighbors in that area for rolling up their sleeves and letting common sense prevail in dealing with a situation that could have been very volatile. Mayor Horton read the following news releases: "Mayor Horton, representing, the City notified Metcalf & Eddy Services Incorporated that effective January 1, 1996, the City of Bremerton will assume maintenance and operation of the City's wastewater treatment plant and pump stations. The City is currently under contract for treatment plant improvements scheduled to be operationally complete by January 1, 1996, in compliance with the directive issued by the Puget Sound Air Pollution Control Authority. After consulting with City staff and the City Council, we found it in the best interest of the City to assume maintenance and operation of the City's facility commencing January 1, 1996." She noted Metcalf and Eddy have been the contractor for this facility since 1987. Second news release: "The Waterfront Selection Committee recommends the Fletcher Wright proposal for development on the waterfront. This issue will be brought before the City Council and the community." Mayor Hotton read the following Proclamation: (1) Wednesday, July 12, as Youth Volunteer Corps Day. The Proclamation was accepted by Gwendolyn Shepherd, Project Manager. 5A - CABLE RATE REGULATION - PRESENTED BY PAULAJOHNSTON, BUSINESS TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 4 of 12 LICENSE INSPECTOR Paula Johnston, License Inspector, stated both cable companies have come forward with basic tier rate increases that include the basic tier for cable T.V. plus equipment and installation charges. Council last considered a rate increase for TCI Cable in February 1995. The increase TCI has applied for since that time includes an inflation adjustment for 1994. There were no channel changes, but every quarter that TCI reviews their channel program fees they recalculate; and there was a small variance in program costs for the latter part of 1994, which is included in the requested rate increase for basic tier. The bulk of the rate increase comes from a 5.21% inflation adjustment that TCI was allowed to use for 1993 and 1994. The requested increase bring the basic tier from $10.09 up to $10.59. The rate increase will go into affect 30 days after Council approval. In reviewing the application, to the best of her ability she ascertains all pertinent FCC rules and guidelines were followed. They also included a rate application for increase in equipment and installation fees. The bulk of those increases are driven by salary increases, converter maintenance expense increases and the purchase of a large stock of remotes for the Bremerton system. Overall, TCI is requesting an increase in equipment and installation charges of an average of 13%. Ms. Johnston recommended the City allow the time frame of 120 days to pass and that these rates go into affect upon notification of the subscribers. Mr. Neville asked if he understood correcting that according to the FCC rules cable companies are allowed to increase fees due to inflation and operating costs every three months? Trina Jarmen, TCI Manager, stated normally it is quarterly, however, this particular inflation adjustment covers a year and three quarters. The reason it was delayed was due to a change in rules as to how they can look at the inflation adjustment. Mr. Neville asked if this action was just an oversight and should have been included at the time of the previous rate increase? Ms. Jarmen stated no, it was recalculated with submission of their 1210 and 1215 forms, following the passage of legislation that allowed to them take such action. Mr. Neville asked if another rate increase could be anticipated after the next three months? Ms. Jarmen stated she was not sure, but it will be a situation where they will continue to submit rate increases. They are not planning to take another inflation adjustment in the next quarter, but it does depend on programming fees and costs incurred by TCI. Ms. Johnston explained the inflation factor adjustment can only happen once each year. In February TCI came to Council with external costs, which can be increased each quarter. Ms. Jarmen commented that the first inflation factor was more than 12 months due to the FCC reconsidering their rules on transition rate systems. Ms. Jarmen added this inflation increase request is the first since 1992 up TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 5 of 12 until June of 1994. Mr. Overson asked if TCI was considering bringing back the History Channel and the Weather Channel? Ms. Jarmen stated yes. Currently, they are rebuilding their system in the unincorporated area of Kitsap County and the Weather Channel will be added back in those areas. She announced as of July 17 TCI will have a new General Manager, Patrick McDonald. Mr. Law asked when would Bremerton see the expansion of numbers of channels? Ms. Jarmen stated that would depend on the new Franchise Agreement negotiated between the City and TCI. Mr. Law asked when can TCI raise their rates again? Ms. Jarmen explained TCI could file another 1210 and 1215 form within another quarter, if they have external costs they would like to recover. She is not sure they will make such a request. Mr. Law stated it doesn't sound like Council has any ability to object to the subject request because in 120 days TCI can still put it into place without Council's approval. Ms. Jarmen stated yes, as long as TCI properly followed the FCC regulations. Mr. Winters asked if TCI would be adding a "Black Entertainment" (BET) Channel in the future? Ms. Jarmen stated TCI does not currently have that channel available, but it is one they hope to add in Kitsap County. Mr. Winters asked if there have been any recent inquiries for the BET channel? Ms. Jarmen stated they have received very few requests recently and have centered mostly on the History Channel, Weather Channel, SciFi Channel and Cartoon Channel. The BET requests go back about 2-3 years and were very heavyat that time. Mr. Winters asked if channels were added based on large numbers of citizens making such requests? Ms. Jarmen stated no, more is involved. The cable system in Bremerton is aging and the current cable system cannot carry more channels than what it currently provides. In order to increase the capacity of the system, they will have to either change out all their electronics or install new cable. Mr. Colvin asked if TCI was connected to the State's Public Education Access Channel? Ms. Jarmen stated no. Mr. Montgomery referenced recent rate increases, however, he wanted to know when the quality of the FX Channel would be improved? Ms. Jarmen explained channels 19 and 20 are bombarded by a digital paging service that causes interference on their cable network. Currently, they cannot improve the transmission and when they expand the numbers of channels they would like to eliminate any broadcasting on those two channels. Mr. Montgomery stated he had no problem getting good reception when the Weather Channel was broadcast on that same channel. Ms. Jarmen stated the Weather TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 6 of 12 Channel was moved to Channel 19 just shortly before it was dropped and Mr. Montgomery may be remembering it as it was broadcast on another channel. Mr. Montgomery felt TCI should hold off any rate increases until improvements could be made so one could view all channels. MS. Jarmen stated they do their best. Paula Johnston stated Falcon Cablevision submitted their original application when this program went into effect on February 1994, but they let the time lapse because they could not come to a resolution on subscriber count. Since that time, the Navy has taken an active role in becoming certified and regulating the rates for the Navy properties, of which most of the Falcon subscribers inside the City of Bremerton reside. Since that time, Falcon has come before Council with a rate increase...inflation and redo of the cost of installation and equipment. The basic tier rate has gone up (note: Falcon has almost twice as many channels as TCI on their basic tier), and are requesting a rate increase from $17.32 to $18.07, which is mainly due to an inflation factor of 2.15% plus some variations in program costs for 1994. The installation and equipment charges did not change very much and the formula used to calculate that increase was FCC approved. Falcon has chosen to keep their rates low and not go to the maximum permitted, which TCI has always done. Mr. Neville asked the number of Falcon subscribers in the Bremerton area? Steve Schneider, Manager Falcon Cablevision, stated 87, and all are located around Kitsap Lake. Mr. Neville stated for clarification Falcon was the larger cable company in the County. Mr. Schneider stated that was correct, but they are the smaller of the two companies operating in the City. On their equipment charges they did stay the same, but in one case they went down fairly dramatically...cost for an addressable converter is decreasing by 72 cents. That will be welcome news for customers that have converter boxes and they will only see an increase of 3 cents. Mr. Colvin asked the number of subscribers in Falcon's service areas? Mr. Schneider stated they have approximately 28,000 subscribers. Mr. Colvln asked the number of TCI subscribers? Ms. Jarmen responded 22,000 throughout Kitsap County. Mr. Colvin asked if Bremerton City Council meetings will be shown on Falcon's system as well as TCI's? Mr. Schneider stated during his tenure with Falcon no one has requested them to carry City Council meetings on their access channel, which is separate from BCAT channel. If Council sees a need to have it carried out to people outside the City, he would be delighted to carry it. Mr. Colvln asked if telecasting that program would pose a financial problem? Mr. Schneider stated no. Mr. Colvin asked what would it take to start such programming? Mr. Schneider stated they would need a request TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 7 of 12 from a Bremerton resident and a copy of the taped program. Mr. Dawkins asked if Kitsap County Commissioner meetings would be televised, if requested? Mr. 8chneider stated they addressed the whole issue of access during their franchise negotiations with the County. Kitsap County decided to establish a non-profit corporation and Falcon's part was to donate an amount of money to that effort. It is up to Kitsap County whether or not whey wish to televise their meetings. He felt it was appropriate for the public to run public access television. President Huff-Menees stated there is a Citizens Advisory Committee currently working on programming issues and all issues having to do with the joint project of a government channel and it is expected the County will have programming. PUBLIC RECOGNITION Gordy Byrd asked if it was legal to discharge fireworks on other holidays, such as New Years eve? Ian 8ievers, City Attorney, stated fireworks can only be discharged legally on July 4th from 11:00 AM to 11:00 P.M.. Don Larson, President Washington Scuba Alliance, again talked about the use of a sunken vessel as an underwater park in the Bremerton area. Mr. Farr stated at a previous Council meeting he suggested having this issue come before Council at a Study Session. President Huff-Menees explained Mr. Farr's request has been forwarded to the Parks Department so they could be part of that presentation. John Thomas talked about the fireworks activity late into the night and early morning. He was aware the Fire Department was called to three outside fires caused by improper use of fireworks, two mutual aid calls to Navy Yard City to the same spot for improper use of fireworks. He asked if the City was going to do anything about getting rid of the Scotch broom at the north end of the Warren Avenue Bridge by next spring? Dave Richards, Black Entrepreneur Association (BEA), announced the BEA is involved in the effort to reopen the Roxy Theater and their Adopt-A-Chair Program. A September 1995 opening date is targeted and it takes a $50.00 donation to participate in the Adopt-A-Chair Program. 7A - BREMERTON AREA CHAMBER OF COMMERCE (BACC) REOUEMT FOR FUNDING, #AB95-145 The BACC has requested $3,000.00 to establish and staff a visitor information center at the Missouri site. As explained in the letter from Beverly Woods, Executive Director, most visitors to the Missouri arrive by bus or car. A Kiosk at this site will provide the opportunity to reach over 126,000 visitors between now and TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 8 of 12 September. Mayor Lynn Hotton described the request made by the BACC due to the number of tourist visiting the USS Missouri and the need to direct those tourists to other points of interest within the City. Funding for this request would come from the Hotel/Motel Tax and she believed it would be well spent. Beverly Woods, Executive Director Bremerton Area Chamber Of Commerce, handed out a copy of her most recent report to the City for the visitor information centers they currently operate under their contract with the City. Since the opening of the USS Missouri on May 31, the first 35 days of operations show 63,000 visitors. Less than 8% of those visitors were pedestrians getting off the ferry and busing up to the Missouri. The other 92% were driving either off the ferry right through Bremerton to the Missouri or coming off of Hwy. 16/3 to the Missouri site parking. During that period no tourist information was available at the Missouri site and people would move on to other points of interest, such as Port Townsend. Discussions were held with Turner Joy managers, Harbor Tours and other merchants on the waterfront and they reported the numbers of tourists were down. It is expected over 200,000 people will visit the USS Missouri by September 2, and an opportunity was being missed not getting those visitors to the waterfront. Over the July 4th weekend, the Missouri count went from 6,300 to 8,200. Because she believed it was critical to have tourist information about Bremerton at the Missouri site, she set up an information booth to cover that weekend, which resulted in their reaching over 7,000 visitors. Based upon that response, Mrs. Woods, her husband and another volunteer personally funded the purchase of materials, built a kiosk and set it in place at the Missouri site. Regretfully, the revenues lost during the time of the 6,300 visitors cannot be recaptured. However, the Turner Joy experienced a significant increase in visitors as well as the Naval Museum over the July 4th weekend. In May, the Visitor and Information Center on Washington Avenue saw and personally talked to 2,337 people. In June they doubled that number to 4,288 people and the first four days in July, between the Kiosk on the waterfront and the information booth at the Missouri they reached over 7,000 people. The requested funding would pay for the kiosk - (materials only) $800.00, signage and staffing. The staffing allotment would be 50% of the time with paid staff and 50% with volunteers. Public comment - none. Mr. Winters stated he agreed that signage was helpful and wondered why the design of the USS Missouri on the side of a Kitsap Transit bus did not carry some kind of message, such as "Welcome To #2855 TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 9 of 12 Bremerton." Mr. Colvin suggested increasing the funding because it was such a good cause. He asked if he was correct that the Chamber was the only business and convention bureau in Bremerton. Mrs. Woods stated the Chamber has a contract with the City to be the Visitor Center; however, she works very closely the Executive Director of the Visitor and Convention Bureau. Mr. Colvin questioned the balance of funds in the Hotel/Motel Fund? Mr. Hanna stated if the requested funds are approved, the fund balance will be $22,500. Mr. Law referenced a walking map that Mrs. Woods distributed and questioned why the Naval Museum was not included? Mrs. Woods responded that two years ago a walking map was produced by the Chamber, however, the latest version was published by an another company, a Chamber member, and several things were left off. Mr. Law noted if the cost of the Kiosk is $800.00, that would leave approximately $36.00 per day for staffing for the 60 days. He questioned if that would be adequate funding? Mrs. Woods re- emphasized she is counting on having volunteers for 50% of that time and 50% with paid staff. Mr. Farr asked if efforts have been successful in getting downtown businesses to keep their businesses open, particularly on Sundays? Mrs. Woods stated there are now more business open on Sundays than during previous times. Businesses are encouraged to take a day off in the middle of the week rather than the weekend, especially during the tourist season. She pointed out the Naval Museum is open seven days a week. Mr. Overson complimented Mrs. Woods for doing a great deal with little funding. M/S/C/U(Montgomery/Dawkins) to approve expenditure of $3,000.00 from Civic Improvement Fund #104 and budget adjustment. 7B - POSITION RECLASSIFICATION - CHANGE FACILITIES MAINTENANCE TECHNICIAN (12) TO MAINTENANCE COORDINATOR (13), #AB95-146 This reclassification request is to change an existing position of Facilities Maintenance Technician (12) to Maintenance Coordinator (13) within the Public Works & Utilities Department. The duties currently being performed by the incumbent are more in line with Maintenance Coordinator instead of Facilities Maintenance Technician. No additional funds are required and this reclassification will have no impact on the incumbent. Gene Sampley, Director of Public Works and Utilities, stood by to answer any questions. TAPE #1299 City Council Reg. Mtg. Minutes July 5, 1995 Page 10 of 12 Public comment - none. #2992 M/S/C/U(Montgomery/Dawkins) to approve this reclassification to change the Facilities Maintenance Technician (12) to Maintenance Coordinator (13). 8A - ORDINANCE (FIRST READING) RECLASSIFYING ONE SERVICE SPECIALIST TO A LEAD SERVICE SPECIALIST IN THE DEPARTMENT OF PUBLIC WORKS & UTILITIES; AND AMENDING THE 1995 BUDGET, #AR95-147 This reclassification request it to upgrade a Service Specialist to a Lead Service Specialist to manage the cross-connection control program in order to be in compliance with the State's mandated program. This position will also inspect grease trap/interceptors and oil/water separators for compliance. Gene Sampley, Director of Public Works and Utilities, stood by to answer any questions. Public comment - none. Mr. Law asked if he understood correctly that this proposal would not require a budget adjustment due to the fact funds are available because the position was not filled for the full year? Mr. Sampley stated that was correct. Mr. Law asked for the monthly difference in wages between the two positions? Mr. Sampley referenced documentation in the Agenda packet. Mr. Dawkins pointed out the difference would amount to $848.00/month. #3154 M/S/C/U(Montgomery/Dawkins) to approve ordinance on first reading, reclassifying one Service Specialist to a Lead Service Specialist in the Department of Public Works & Utilities; and amending the 1995 budget. TAPE #1300 9A - PUBLIC HEARING ON 75% PETITION AND ORDINANCE (FIRST READING) FOR ANNEXATION OF SCEIPKO/LUNDE AREA, #AB95-148 The City of Bremerton first accepted this annexation proposal on February 8, 1995. The petitioners submitted a legally sufficient petition on February 15, 1995 and a public hearing was held. The City Council adopted Ordinance No. 4506, which authorized the annexation of a 75.56 acre into the City withstanding Kitsap County Boundary Review Board (BRB) approval. On March 14, 1995, the BRB received from Kitsap County a Resolution, No. 078-1995, invoking the Board's jurisdiction and requiring a hearing. On March 16, 1995, the Board held the hearing and took testimony on this issue. On May 31, 1995, the City of Bremerton received the decision of the BRB for File No. 95-04. #0403 TAPE #1300 City Council Reg. Mtg. Minutes July 5, 1995 Page 11 of 12 The BRB has required the City of Bremerton to amend the annexation area to include parcels north of the original 75.56 acre site and south of the highway. They made this decision utilizing the authority provided to them in RCW 36.93,150. The City has collected additional signatures in support of this addition to the original annexation area, and approval of the revised 75% petition is required. President Huff-Menees asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Terrie O'Neill, Municipal Services Coordinator, briefly reviewed previous annexation actions on this area. The action before Council is requesting approval of a new 75% petition based on the BRB's request to expand the area to include properties lying south of Highway 16 and north of the original annexation site. This brings the annexation area to 90.39 acres. At the time of the BRB review, they determined it would better and meet more of the criteria provided by the State if six parcels were added. The City obtained signatures of 96.5% of the property owners on the petition. On the earlier petition, they obtained 100% signature. The City was unsuccessful in obtain two property owners' signatures after sending out a letter dated June 5, 1995, regarding this issue and the BRB's decision. John Thomas questioned when the County determines the City is making an island how much will it cost the City in legal fees and obligations to Mr. Sciepko for not letting the property come into the City limits? Helen Havens, Anderson Hill resident, had difficulty separating the annexation issue from the land use issue. She is concerned about the basis for the annexation. She reminded Council Initiative 164 is still in effect and may continue to be, and the City's Critical Lands Ordinance will not protect these areas. M/S/C/U(Montgomery/Overson) to accept the Modified Petition on the Sciepko/Lunde Annexation Area. Mr. Colvin asked the number of additional signatures over the previous 75% petition? Ms. O'Neill stated there are four additional signatures. Mr. Colvin asked if he understood correctly that the annexation area was not contiguous to the City of Bremerton? Ian Sievers, City Attorney, explained this annexation is contiguous to the City. Mr. Colvin asked by this theory the City could purchase property in Tacoma and annex it? Mr. Sievers stated no, the City cannot annex outside of its urban growth area. Mr. Law asked the City Attorney to comment on Mr. Thomas's question and explain what is currently going on between the City and the TAPE #1300 City Council Reg. Mtg. Minutes July 5, 1995 Page 12 of 12 County? Mr. Sievers stated the legal challenge that is now pending involves an appeal by the County and Fire District #7 of the BRB's decision. To date, the City is not a part of that suit, which was directed to the BRB itself. Since the County is the appellant, the BRB's legal counsel is provided by the State Attorney General's Office. As of now there is no cost to the City, but at some point the City may wish to intervene in that suit. It has no impact on the earlier option to purchase with Mr. Sciepko. Mr. Colvin asked what would happen if the BRB lost the suit after the City Council approved the annexation? Mr. Sievers stated the BRB's decision is not final until appeals are exhausted and there is an automatic stay of the effective date of their decision. At some point, if the BRB's decision is overturned and no more appeals are pursued, then according to this ordinance the annexation is null and void. Motion approved by a unanimous vote. With no further business meeting adjourned at 7:16 P.M.. ~TH~k~ENL~.~SKEY, City Clerk SHERRIL HUFF-~~~M~E~ S ~'C~ncil Pre~sident City of Bremert~ KLM/SH-M/me cc: Normal Distribution File/Vault