HomeMy WebLinkAbout07/16/97 TAPE #1477
CITY COUNCIL MEETING MINUTES
JULY 16, 1997
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 16, 1997, at 5:30 P.M., with
Council President David Farr presiding. Council members present
were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard
Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin.
Also present were City Attorney Ian Sievers and Deputy City Clerk
Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Jon Vail of Victory
Chapel Church Of God.
President Farr made the following announcements:
(1) City Council Study Session - July 19, 1997, 10:00 A.M. - 12:00
P.M., in the Council Conference Room. Topic of discussion:
Sinclair Landing Update and Pending Agreements.
(2) City Council Study Session - July 21, 1997, 5:30 P.M., in the
Council Conference Room. Topic of discussion: Telecommunications
Ordinances;
(3) City Council Study Session - July 23, 1997, immediately
following the City Council meeting, in the Council Conference Room.
Topic of discussion: Sinclair Landing Update and Pending
Agreements;
(4) City Council Study Session - July 30, 1997, immediately
following the City Council meeting, in the Council Conference Room.
Topic of discussion: 1997 - 2002 Capital Improvement Plan; and
(5) City Council will hold an Executive Session immediately
following this Council meeting to discuss "Litigation and Claims".
CONSENT RGENDA
A. Minutes of Meeting -- July 2, 1997 #AB97-157
B. Bid Award Recommendation - Purchase Of Ductile #AB97-158
Iron Pipe For 1997 - United States Pipe
C. Resolution #2617 Setting Hearing Date Of #AB97-159
August 6, 1997, For Vacation Of 20 Foot Portion
Of Right-Of-Way On Marine Drive
#0060 M/S/C/U(McConnell/Montgomery) to approve the Consent Agenda as
presented.
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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.
#0080 M/S/C/U(Colvin/Montgomery) on July 16, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 210704 through 210942 in the amount of $345,450.40.
COUNCIL MEMBER REPORTS
Mr. Winters reported today he attended a meeting regarding a
hydroplanes exhibition in Sinclair Inlet as part of the Blackberry
Festival. He asked Mayor Horton to comment during her report on
two recent lawsuits against the City: (1) the Garcia 35 million
dollar lawsuit; (2) the Municipal Court employees lawsuit for 7
million dollars. He attended the well organized "Fire Department
On Parade" event, which was hosted by Council Districts #1, #2 and
#3, and offered adults and children the opportunity to learn more
about fire safety. Based on his knowledge of the excellent work
Fire chief Mick McKinley has accomplished over the past several
years, he suggested the proposed Regional Fire Training Facility be
named after Chief McKinley.
Mr. Montgomery announced Council Districts #6, #7 and #8 will hold
a joint Neighborhood Meeting on July 31, 1997, 7:00 P.M., at the
School District Administration Office, 134 N. Marion Avenue. Mayor
Horton and City Engineer Randy Witt will be guest speakers at that
meeting.
Mr. Law reported on a very successful "Fire Department On Parade"
event, which was held at Garguile's Red Apple on Perry Avenue. He
thanked the Bremerton Fire Department for their time and effort put
into the preparation and hands on display event, which was
highlighted by the youngsters lining up and each getting a chance
to extinguish a small fire with a fire extinguisher. He thanked
Garguile's Red Apple for providing the free popcorn and soda pop
and compliments to Mentor Construction for the donation of a
popcorn machine. Lastly, Councilman McConnell served as an
excellent "popcorn man", Councilman Colvin was the event advisor,
Councilman Winters handled "crowd control", Council President Farr
helped consume the popcorn, and Niva Law handled grounds clean up.
He is looking forward to the next Fire Department On Parade in
1998.
Mr. McConnell reported people have shared their concern over the
striping of Sylvan Way and he wanted to assure them that the center
line striping will be replaced and the left turn pocket at the
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Kitsap Regional Library will be replaced. He enjoyed the Fire
Department On Parade event, but he was too busy handing out popcorn
to take part in the fire extinguishing exercise. He also thanked
Garguile's Red Apple and the Bremerton Fire Department.
Mr. Colvin stated Councilman Law was responsible for getting
Districts #1 and #2 involved with the "Fire Department On Parade"
event, and Wayne Olsen assisted in representing District #1, which
freed Councilman Colvin of any official duties other than eating
popcorn and enjoying the festivities. He commended Council members
John Law, Cecil McConnell, and Bob Winters for their involvement in
this event.
Mr. Farr urged residents of Council Districts #6, #7 and #8 to
attend the joint Neighborhood Meeting scheduled for July 31, which
will include refreshments.
MAYOR'S REPORT
Mayor Lynn Horton stated in response to Mr. Winters' request
regarding the recent lawsuits filed by City employees, on legal
advice it was highly inadvisable and not good business management
to discuss litigation and potential litigation in public. Council
will be fully apprised of details regarding litigation issues in
Executive Sessions immediately following the Council meeting.
Mayor Horton announced the Citizens Involvement Committee will host
an Open House at the Bremerton Wastewater Treatment Plant on July
19, 10:00 AM to 2:00 PM, The purpose of this event is to allow
the public an opportunity to observe recent improvements at the
plant and Committee members and staff will be available to answer
questions and provide tours. She commented on a recent video
program produced by Terrie O'Neill showing the Brem-Air Disposal
recycling recovery facility and anticipates Mrs. O'Neill will be
producing a video showing the operations of the treatment plant for
future airing on Channel 12.
PUBLIC RECOGNITION
Bob Sauter, VFW Post 3694 and Ladies Auxiliary, presented an award
to the U.S. Marine Corps Security Force Company at Bangor for their
outstanding and invaluable service to the Bremerton community and
Kitsap County. The award was accepted by Major Sgt. Paul Siverson,
representing the US Marine Corps Security Force Company/Bangor.
Reverend Cleveland Williams, representing the Martin Luther King
Jr. Scholarship Fund, reviewed the process whereby recipients of
the Bridge Builder Award are chosen and the criteria used when
selecting someone to receive that honor. He announced the 1997
recipient of the Bridge Builders Award is Mayor Lynn Horton. A
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special souvenir booklet will be assembled with congratulatory
messages to Mayor Horton and anyone wishing to include such
congratulations can do so by faxing their messages to Al Colvin
4789-4271 or mail to P.O.Box 190, Bremerton, WA 98337.
Presentation of that award will take place at the Constitutions Day
Luncheon Meeting in September. President Farr extended his
congratulations to Mayor Horton.
Roy McInnis stated being a former Marine he was pleased about the
recognition given to the Marine Corps Security Force
Company/Bangor. He related a moment of personal embarrassment over
a comment he made to Mayor Horton at an event honoring Reverend
Cleveland Williams. He and his grandchildren enjoyed the Fire
Department On Parade event and reminded Councilman McConnell that
microwave popcorn cannot be popped in a regular popper!
Rob Rupe, Westsound Cable Access, stated he might lose his job over
what he was going to say, however, he felt he had to raise some
issues before the Council. He talked about the formation of
Westsound as a non-profit organization that would be the hub for
the community to pull in funds from the County and the City and
made available to the community. Westsound conducted an extensive
search for a director and hired Doyle Detroit, who then created
access under the guidelines developed by the Board of Conveners.
The agency was under limited funds because the County was the only
funding source, i.e. the City of Bremerton was involved in
negotiations with TCI, which left a gap in the needed funding. It
was his opinion that the City of Bremerton made demands on their
resources that stretched them to the max. Over the course of time,
the Westsound Board did not have the best interest of Westsound at
heart and allowed the demands to be pushed and didn't take a stand
that certain things could not be done due to lack of funding.
Resulting action brought about the dismissal of Ms. Detroit, who
was not aware of the back door politic food chain of this
community. Westsound was designed to be a membership organization
and the membership tried to deal with internal problems; however
the City of Bremerton intervened and threatened to pull their
funding. It was suggested that mediation be tried, which they did,
but it failed due to the Board not responding. Now, a letter from
Mayor Horton has been issued stating that Bremerton Cable Access TV
would be re-instituted as of August 1, 1997. He asked the City
Council to allow Westsound, as a membership organization, to deal
with their own internal politics and give them time to develop that
organization.
Patricia Mathis, Westsound Cable Access member, stated she was a
volunteer and a member of Cable Access for five years prior to the
formation of Westsound. She requested an answer in writing from
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the City Council to the following question: "Why City employees
were allowed to meddle into Westsound financial and personnel
issues, which is a completely separate not-for-profit organization?
She believes such action would be in violation of State law.
Carol Atkinson, Bremerton Main Street association, reported the
first Concert on the boardwalk was a huge success and the next
concert is scheduled for July 18, 8:00 - 10:00 P.M. Following
further investigation and planning, it looks like there is a good
possibility that there will be a hydroplane exhibition as part of
the Blackberry festival. Jerry Powers, Bremerton Kiwanis, invited
everyone to the Wings & Wheels Air Fair and Classic Car Show on
July 20, at the Bremerton national Airport. Gates will open at
10:00 AM and the show begins at 1:00 PM. Following the Concert on
the Boardwalk on July 18, at 10:00 P.M., there will be a Mig 17
flyover that includes a pyrotechnic display.
Phil Heggen, Bremerton resident, reported that an added warning
label is now required by the FDA on all fluoride toothpastes
shipped after April 7, 1997, becoming consistent with bulk
containers of fluoride chemical provided to cities and toothpaste
manufacturers. These containers must be labeled "poison" with the
skull and crossbones symbol for poison. He then went on to talk
about the adverse affects fluoridated water has on some people,
that various regulating agencies have covered up data that would
substantiate that fluoride is harmful to humans and that it is not
a deterrent to tooth decay. He believes that on a National level
there are clear signs of corruption, fraud and cover-ups emerging,
along with intimidation and persecution of scientists and other
professionals who dare to speak out against fluoridation. He
further stated that at the City Council Retreat held April 19,
1997, one Council person (it sounds like Carlos Montgomery) told
Dr. Willa Fisher "...but what's happening as I see the trend, is
very possibly that if this issue will be put to a public vote, I
would suspect, the way it is going, if that is the case, it will
not be voted in because your program, your presentation (i.e. the
proponents) is not as convincing..." He emphasized if the City
council ignores the warnings of the potential dangers, there will
be legal action brought against the City.
Bob Jaenicke, Bremerton resident, asked that he be provided a
written response as to why the City closed 11th and Kitsap Way?
7A - BUDGET ADJUSTMENT - REAL ESTATE EXCISE TAX FUND 109 -
REMEDIATION WORK - EVERGREEN PARK~ #AB97-160
A Professional Services Agreement was entered into November 20,
1995, with Failure Analysis Associates, Inc., for the initial phase
of the remediation of properties around Smith Cove included in the
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Evergreen Park expansion area. The fees under the agreement as
amended March 26, 1996, are a maximum amount of $272,647. The 1996
budget of $150,000 was established in the Real Estate Excise Tax
Fund for this project. Expenditures through 1996 total $129,515
including approximately $4,000 in legal expenses. A 1997 Budget to
complete the initial phase of work has not been established.
Approval by the Council of the attached Budget Adjustment in the
amount of $150,000 is requested to complete the remaining scope of
work included in the agreement.
Gene Sampley, Public Works and Utilities Director, stated in
response to Council's request for additional information, a
memorandum was prepared by Rich Hanna, City Treasurer, explaining
the status of the fund, projected revenues and projected cash
balance.
Public comment - none.
Mr. Overson questioned if the proposed use of Real Estate Excise
Tax was an allowable expenditure? Mr. Sampley stated he recalled
that question was raised during preparation of the 1997 budget and
it was determined, at that time, that it was an allowable use.
#1585 M/S/C/U(Montgomery/Winters) to approve Budget Adjustment #97-19 to
the Real Estate Excise Tax Fund 109 in the amount of $150,000 to
complete the initial phase of the remediation work for Evergreen
Park expansion.
7B - SYLVAN WAY STREET IMPROVEMENTS INTERLOCAL AGREEMENT WITH
KITSAP COUNTY AND BUDGET ADJUSTMENT #97-23, #AB97-161
The County authorized the City of Bremerton to construct curb,
gutter, sidewalk, pavement and storm drainage improvements to the
County right-of-way on Sylvan Way from Petersville Road to Olympus
Drive. This work is being performed in conjunction with the City
Sylvan way Street Improvement Project currently under construction.
Change Orders addressing this work were approved by City Council on
June 25, 1997.
To receive reimbursement for this work from the County, an
Interlocal Agreement needs to be executed. The attached Interlocal
Agreement with an estimated amount of $57,000 and a not-to-exceed
amount of $60,000 will provide reimbursement for this work. A
budget adjustment is necessary to reflect the revenue. Staff
recommends approval of the Interlocal Agreement and Budget
Adjustment.
Lynn Price, Senior Engineer, briefly reviewed the information in
the Summary Statement.
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Roy McInnis, Bremerton resident, commented that the new resurfacing
of Sylvan Way is beautiful. He questioned the necessity for a
budget adjustment? Mr. Price stated when the project was
originally set up it did not include the additional work requested
by the County. The $60,000 identifies an adjustment to the
original project budget, which will be reimbursed to the City by
Kitsap County.
Mr. McConnell questioned why some of the asphalt was being removed
from the street between Petersville Road and Olympus Drive? Mr.
Price noted the County has been doing some adjustments to the
manholes to bring them up to grade. Mr. McConnell further
clarified the importance for a budget adjustment in this instance
since it allows increasing the appropriate budget with the infusion
of funds.
Mr. Winters commented that not only does Sylvan Way look good, but
the paving project from Burwell to the Warren Avenue Bridge also
looks great.
#1823 M/S/C/U(McConnell/Montgomery) to approve the Budget Adjustment #97-
23, and the Interlocal Agreement with Kitsap County to be
reimbursed for improvements made on Sylvan Way and authorize and
direct the Mayor to execute the agreement.
7C - BID AWARD RECOMMENDATION FOR ASBESTOS REMOVAL PHASE it OYSTER
BAY ACQUISITION PROPERTY STRUCTURES (19 BUILDINGS), #AB97-162
TO approve contract price of $24,998.13 to KCB for the removal of
asbestos contamination within the structures in phase 1 ("H" Street
to north end of "E" Street) of the Oyster Bay Acquisition
Properties.
Paul Lucas, Administrative Analyst, explained the City cannot
destroy the houses or use them for fire training for the Fire
Department without removing any asbestos. This recommended bid
($24,998.13) is lower than the estimated cost ($27,500).
Public comment - none.
Mr. Winters questioned why the Agenda Bill was published in the
Agenda Packet without the price or company identified. Mr. Lucas
explained the bids were opened late afternoon on Monday, July 15,
1997, and the Agenda Packet was distributed on July 11; however he
was assured it would be acceptable to provide the specific
information at the Council Committee meetings on July 15 and 16.
#1956 M/S/C/U(Montgomery/Winters) to approve KCB as iow bidder to
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commence removal of asbestos, and authorize the Mayor to execute
contract.
8A - RESOLUTION #2614, AUTHORIZING MASTER URBAN TREE PLAN AS
REQUIRED BY THE MUNICIPAL TREE ORDINANCE #4553 OF THE B.M.C.
13.10.070t #AB97-163
In 1996, the city amended the Municipal Tree Ordinance (#4553) of
the Bremerton Municipal Code 13.10. this ordinance calls for the
development of a Master urban Tree Plan based upon an inventory of
existing municipal trees in these areas and an evaluation of the
site and space factors, which will aid in the determination of
those trees best suited for Bremerton's urban environment and
result in the development of a long-range plan for future planting
and maintenance.
The Parks and Recreation Department utilized the services of Kevin
McFarland, Sound Urban Forestry, to accomplish the inventory in
which he also identified location, species, size, condition, work
needs, damage, trunk damage, utility line and site. Then, working
with Jim Trainer, Parks Arborist, and Tom Cressman, Park
Maintenance Supervisor, developed the long range plan for planting
and maintenance.
Jim Spencer, Parks and Recreation Director, stated the proposed
plan was presented to the Council for their review in a Study
Session on July 7, 1997. From his vantage point, this is very
comprehensive and well thought out plan that allows the City to be
pro-active in dealing with urban forests. He was pleased to report
the City's urban forest is in fairly good health and the plan
identifies those areas that need to be targeted for either removal
or improvements. He commended Kevin McFarland for doing a
outstanding job and the City's Urban Forester Jim Trainer for his
assistance to Mr. McFarland during this process. The Plan is in a
data base and can be used for many years into the future. He
thanked the Department Of Natural Resources (DNR) for the grant
funding for this project. Additionally, the DNR has been
instrumental in providing grant funding to allow the city to make
significant improvements to its urban forest in the form of
hazardous tree removal and a number of plantings throughout the
City.
Public comment - none.
Presi4ent Fart commended those involved in the presentation made
before the Council at the July 7th Study Session.
Mrs. Huff-Menees stated she was very impressed with the Study
Session presentation by Mr. McFarland and Mr. Trainer and the City
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was fortunate to utilize grant funding to develop this plan and
accomplish the urban forest work that has already been completed.
#2155 M/S/C/U(Huff-Menees/McConnell) to adopt Resolution 32614
establishing the Master Urban Tree lan for the city of Bremerton's
trees and shrubs planted in public areas.
9A - PUBIC HEARING - RESOLUTION #2615, REGARDING RECOVERY OF FEES
FOR REMOVAL OF GARBAGE AND DEBRIS FROM THE PROPERTY LOCATED AT 1333
CARR BOULEVARD, #AB97-164
On May 15, 1997, the City removed garbage and debris from the
property located at 1333 Carr Boulevard, after the owner, Sheri L.
Denham, failed to do so as ordered by the Building Official. The
cost charged to the revolving abatement fund for this action
totaled $2,072.15. Council must now decide if the fees are just
and reasonable.
Judy Johnson, Building Development Permit Manager, stated the City
initiated action on this site starting in February 1997, which
included an on site inspection in March and removal of the garbage
and debris on May 15, 1997.
Public comment - none.
Mr. Winters noted the subject site is located in District #9 and
this was not the first time there had been a problem with
accumulation of garbage and debris at that site.
Mr. Neville expressed concern over the fact 30 yards of garbage, 30
tires and two appliances had to be removed by the City. Ms.
Johnson noted there were additional appliances removed.
Mr. Law pointed out until the Administrative fee is added to the
cost of abatement, the property owners are getting a "cut rate" for
dumping over what residents would have to pay at the landfill.
#2323 M/S/C/U(Winters/Montgomery) to approve Resolution 32615, ordering
that the fees incurred for the removal of garbage and debris from
the property located at 1333 Carr Boulevard be collected as
reasonable abatements costs and become a personal judgement against
the property owner, which if not collected within 30 days shall
become a lien against the property.
9B - PUBLIC HEARING - RESOLUTION #2616, REGARDING RECOVERY OF FEES
FOR REMOVAL OF GARBAGE AND DEBRIS FROM PROPERTY LOCATED AT 3811 9TH
STREET, #AB97-165
On June 11, 1997, the City removed garbage and debris from the
property located at 3811 9th Street, after the owner, LaCruz
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Foundation, failed to do so as ordered by the Building Official.
the cost charged to the Revolving Abatement Fund for this action
totaled $569.30. Council must now decide if the fees are just and
reasonable.
Judy Johnson, Building Development Permit Manager, stated action on
this site started in March 1997, and in May the property was posted
with a 72-hour removal notice, which resulted in the City removing
the garbage and debris on June 11, 1997.
Roy McInnis, Bremerton resident, stated his support of this action
and asked the City to inspect the property at 1108 Walnut Street
for overgrown shrubs impeding pedestrian traffic on the sidewalk.
Mr. McConnell asked if there was another disposal site for tires
other than the landfill? Ms. Johnson stated she not aware of any
other source; however, she would investigate it further.
Mr. Colvin questioned if the fees imposed cover all the expenses
incurred by the City, i.e., administrative etc.? Ms. Johnson
stated the new $775.00 administrative fee that was recently adopted
should cover those costs.
#2539 M/S/C/U(Montgomery/Huff-Menees) to approve Resolution #2616,
ordering that the fees incurred for the removal of garbage and
debris from the property located at 3811 9th Street be collected as
reasonable abatement costs and become a personal judgement against
the property owner, which if not collected within 30 days shall
become a lien against the property.
9C - PUBLIC HEARING - ORDINANCE (FIRST READING) REGARDING THE GRANT
OF A NON-EXCLUSIVE FRANCHISE TO TCI CABLEVISION OF WASHINGTON,
Culminating 18 months of negotiations, the City and TCI have agreed
upon a Franchise Ordinance that grants TCI a non-exclusive
franchise to operate a cable system within the City for the next 10
years. Highlights include: 1) a system upgrade to 75 activated
channels within 36 months; 2) Public Access Channel support
including studio, channel expansion, a monthly contribution
of $1,734 and Council chambers equipment upgrade; 3) I-Net
provisions to include development and future construction at cost.
Kathleen McCluskey, Director Of Administrative Services, stated
the following changes were requested by the City Council during the
Council Study Session on this issue: (1) The franchise agreement
would be a 10-year contract and reverting to 8-year if TCI does not
have 50% implementation of the upgrade within 24 months; (2)
Section 3.5 UNDERGROUNDING - added the wording: "at the lowest
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possible cost. Additional changes are recommended: (1) Section
3.1 USE OF STREETS - added "TCI may make available to the City at
no cost such pole, conduit, duct and other improvements for shared
use. (2)Under Section 4.3E EMERGENCY ALERT CAPABILITY - the City
has requested within six months an Emergency Alert system be
provided at the City's Public Works Complex as well as from TCI's
East Bremerton Headquarters. (3) Section 8.2A ANNUAL REPORT - the
City had requested Audited Financial Reports for the City of
Bremerton be provided; however, TCI does not have audited financial
statements for specific areas; however, they do have them for
broader areas, i.e. TCI West and other regional areas.
Ms. McCluskey highlighted the following issues:
(1) System Upgrade - the franchise requires an upgrade system
capacity to 75 activated channels within 36 months. (If TCI
achieves 50% of activation of that upgrade within the first two
years, the franchise will stay at 10 years.)
(2) Public Access Fundinq - the City felt TCI should continue to
contribute ($1,734.00 per month) without passing the cost through
to the public because it was part of the prior franchise and the
City considered that an imbedded cost. In addition, there will be
a 21 cent pass through, which is similar to what Kitsap County is
passing through for Public Access and Institutional Network.
(3) Financial Issues - TCI will pay $55,000.00 towards the
refurbishing and upgrading of equipment in the City Council
Chambers. Many of the recent broadcasting problems were directly
related to 10-year old equipment. The $55,000 will also cover part
of the consulting fee. TCI will also pay an additional $5,000
Application Fee, which is required by the City for all franchises.
There will be recovery of the $55,000 through the 21 cent pass
through. (Note: on July 15, Councilman Montgomery and City staff
went on an informational tour of the City of Tacoma and Pierce
County cable televising facilities.)
(4) I-NET is the institutional network, which is designed to
provide non-entertainment either through closed circuit for schools
and government. Typical uses are computers, video conferencing,
training, etc., and are not offered to residential customers. The
City is still not sure what is wanted in the way of an I-Net;
however, language has been negotiated that would allow the City to
pay the incremental costs of any I-Net that is developed in the
future. As TCI makes the upgrade, they will inform the City of
their progress and if it makes sense financially, the City will tag
onto that work to create the I-Net.
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(5) Programming - under FCC Rules, the City is not allowed to
designate programming, but can designate broad categories of
programming that they must provide programming within each of those
categories. If TCI makes changes in programming, they must also
give 30-days notice to the City and subscribers. Under the
proposed franchise, TCI must also provide the City with data that
formed the basis for their decision to make program changes.
(6) Rates - the City does not regulate rates, the FCC sets
"benchmarks", which the City does monitor, and will continue to do
so. However, low-income senior and low-income disabled rates were
negotiated. When the basic rate hits $12.00 per month, there is
a 30% discount for those who meet the criteria, which is the same
Federal criteria used for Utility rates.
(7) Customer Service - the FCC provides for customer service
requirements and standards, such as how quickly the phone is
answered. The City does have the right to review their records,
look at complaint logs, set hearings for non-compliance that could
create revocation-of-compliance of a franchise, if they are not in
compliance. When requested, TCI is required to refund for outages
over 24-hours and they must have a Customer Service Manual
available to subscribers and the City.
Roy McInnis, Bremerton resident, stated over the past several years
he has expressed his preference for a Black Entertainment Channel
(BET) when TCI issues have been before Council. He will continue
to make that request until the Bremerton community has the
opportunity to view that programming.
Althea Doufglas, Bremerton resident, stated there is a competitor to
TCI that carries a Black Entertainment Channel. Four years ago
when she asked TCI about a Black Entertain Channel, they gave her
an explanation they needed a specific number of people interested
in that programming; however, no one has been successful in getting
that channel added. She believes there is a local demand for the
Black Entertainment Channel and hoped the TCI officials in the
audience will listen to their subscribers.
Patricia Mathis, Westsound Cable Access member, asked if the
contract included language whereby the City could ask for a second
access channel, which would be provided within 60-days upon
request.
Kathleen McCluskey stated in response to Ms. Mathis's question, the
issue of a second access channel is included and upon request must
be provided within 60 days. Future channels will only be provided
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when use standards can be met.
TAPE #1478
Patrick McDonald, TCI Manager, stated TCI has added the Black
Entertainment Channel to over 50% of their subscribers in their
service area. This franchise agreement process allows TCI to build
a long term lease in the Bremerton area and to make a similar
capital investment that they have made in Kitsap County, to bring
on additional services such as BET, History, Scifi, ESPN, etc. He
anticipates completing the upgrade in a 2-year project.
Mr. Winters stated he had previously requested the Administration
to provide him with a list of City owned equipment. Ms. Mccluskey
stated the City's Purchasing Agent is currently preparing the
inventory list, and Bruce Stier, Interim Director of Westsound is
also preparing an inventory of the new equipment that was purchased
with funds provided by Kitsap County. Mr. Winters questioned what
would the City do with the $55,000 if it is determined the City has
all the equipment necessary for cable access broadcasting? Ms.
McCluskey explained the $55,000 will go into upgrading the
broadcasting equipment for the City Council Chambers. She pointed
out the City owns all of the existing equipment, which is 10-years
old or older, in the Council Chambers. Some of the equipment in
the TCI studio and mobile van belongs to the City and some to TCI.
That equipment will also be replaced, but will be done over time
and funded by the City and Kitsap County. Mr. Winters questioned
how will the City dispose of equipment that will no longer be used
once the upgrade is completed? Ms. McCluskey stated if it is in
working condition, it will go to the TCI studio or wherever it will
most effectively used; or it may be surplused and sold or given
away to a non-profit organization. Mr. Winters questioned if,
under Section 6.1 PEG Access, the City will have complete control
and management of the Public/ Education/Government. Ms. McCluskey
stated it means the City can undertake the management or contract
it out. Mr. Winters asked if the viewing audience can expect,
under the new agreement, improved quality, improved channels and
entertainment at the same or lower cost? Mr. McDonald stated he
could respond with a "yes" for improved quality and improved
channels and entertainment; however, it was difficult to say it
would be at the same or lower cost because they are currently under
a regulatory situation where they examine the costs, submit their
recommendations, and follow a benchmark by the FCC, which are very
defined variables in those calculations. What that will compute
June of 1998 is not known at this time; however, it did result in
lower rates for some of the tiers for June 1997. Mr. Winters
stated he hopes that in this new franchise, the rate payer gets a
better deal. Mr. McDonald stated he believes they will.
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Mrs. Huff-Menees clarified that the issue before Council is the
ordinance, and that discussion needs to center on the contract.
Mr. Overson referred to Section 4.3 regarding the System Channel
Capacity Upgrade, and asked if fiber optics will be installed
within 36 months? Mr. McDon&ld stated Section 4.3 specifies a
minimum of 75 activated channels and fiber optics will be involved.
In other past projects, the design they began with is not always
the design they finish with as more economic means of generating
more service and more channels at lower rates are discovered. For
comparison, he discussed the capacity of the present "box" system
being used in the County, its service level, and the customers
desire to have the option to customize a cable package with basic
and expanded options. When the upgrade is completed, a "Black Box"
or a "digital compression box" will replace the addressable boxes
that are currently being used throughout the area. The goal is to
have similar packages at a similar price.
Mr. McConnell asked the City Attorney if Section 2.2 regarding the
Franchise Term, would stand up to any legal challenges. Mr.
Sievers stated the formula used was clear, with no ambiguity, and
would be enforceable.
Mr. Colvin asked about the 21 cent pass-through, and what was the
current charge accrued to the City? Ms. McCluskey stated right now
there is a 7% tax that comes back to the City, which the City will
continue to receive, but the 21 cents will be additional, amounting
to approximately $20,000 per year.
Mr. Montgomery stated in his opinion 36 months to get all the
channels was too long, and the 10-year franchise reduced to 8 years
if they don't get within 50% is too long of a time. He thinks TCI
could do a better job if they would just "get to it".
Mr. Neville stated this has been a long, drawn out process, but he
believes language in the contract will hold TCI in check with the
customers, such as requiring Quarterly Reports to monitor customer
service relations. He further asked if a new Customer Service
Agreement and Manual would be mailed to subscribers; and would
surveys be conducted when programming changes are anticipated? Mr.
McDonald stated the Manual is revised on a yearly basis, which is
mailed to every affected subscriber; and they will continue to
utilize customer survey information whenever a programming change
is being considered. Mr. Neville stated he was concerned that in
the past telephone surveys did not appear to reach a wide audience,
since they were usually conducted during working hours when a
majority of citizens were not available to participate. He
suggested a mail survey would reach a far greater number of
subscribers. Mr. McDonald responded that mail surveys were
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Page 15 of 17
available, and they are planning to use them. The phone surveys
are conducted by a third party and statistically designed to be
accurate with a low +/- rate. Mr. Neville wanted it clarified that
there would not be a repeat of what took place with C-Span and the
Canadian channel. Mr. McDonald stated that was correct. Mr.
Neville further questioned if the problems with channel 19 would be
fixed with the new system? Mr. McDonald stated the problem with
channel 19 is that it is not a video signal, so current problems
will be limited greatly, but not completely eliminated because of
varying degrees of quality in the equipment owned by the customers.
He clarified that FCC technical standards require that different
locations be monitored for picture quality every six months and
City staff is welcome to participate. He addressed the previous
concern regarding two years being too long to complete the re-
build, and explained how it is a difficult process to design,
implement, and complete a re-build within a specific time frame.
Mr. Neville stated he does not subscribe to expanded cable because
of an incident that happened a couple of years ago when he used a
Pay-For-View service and a dispute over that service occurred,
which was not handled professionally. He asked if the basic tier
would have 43 channels without the use of a "black box" when the
upgrade is implemented? Mr. McDonald stated the subscribers will
have the same 43 channels that Kitsap County has now or will have
in the future. Mr. Neville asked if a subscriber does not feel TCI
has dealt fairly with them over a issue, is there someone in the
City they can contact to seek resolution? Ms. Mccluskey stated the
initial contact should be made to TCI to work out any problem, but
when something is not resolved after going through that process
they can call the Administrative Services Office 478-5290 asking
for Kathleen McCluskey or Paula Johnston.
President Farr referenced Section 6.1F TECHNICAL QUALITY and asked
if that was a new section in the contract and if it meant that if
technical difficulties are experienced during broadcasting of City
Council meetings the problem rests within the City owned equipment?
Mr. McDonald stated yes, and recent problems were traced to the
City's equipment and how it was set for transmission. The
distribution path is clean and delivers a good picture. TCI worked
closely with the City to correct the problems that were recently
experienced.
Mr. Winters asked Mr. McDonald how close was TCI to the 50% digital
analog or digitally compressed system in Bremerton? Mr. McDonald
stated there are some design proposals in place, but the funding to
accomplish the work follows the securing of this agreement, which
gives them the time frame to make that capital investment.
Currently, TCI operates a 38 channel system and an investment of 10
million dollars is needed to upgrade that system; however, he
estimated that currently there are approximately 5% completed
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because of the design of the Kitsap County plant. Mr. Winters
complimented Mr. McDonald on their corporate management decision to
utilize and maximize fiber optics.
Mr. Montgomery stated he disagreed with Mr. McDonald's comment that
it would take at least two years to upgrade the City's system. He
accompanied staff on a tour of up-to-date studios at Pierce County
and the City of Tacoma. He concurs that the City's equipment is
old and needs to be replaced and the arrangement of the City
Council Chambers is not the best for broadcasting Council meetings.
He believes the $55,000 will be utilized to its highest potential.
Mr. Overson stated he believes the subscribers will be well treated
under this contract and provided high quality services. He would
like to see those points put into Section 4.3 as part of the
contract so that we, later on, fully understand the commitment and
how it will be achieved. He was willing to support the contact as
proposed, but at second reading of the ordinance he wanted to see
some agreements included that better defines what Mr. McDonald
quoted during this discussion. Mr. McDonald referenced Section 5.5
PARITY OF SERVICE AND RATES and pointed out TCI cannot say exactly
what subscribers wish, the exact channel numbers and the delivery
mechanism that they would like to have 1-3 years from now. He
believes TCI has been specific in Section 5.5 to bring those
concerns together and also have the looming consumer demand dictate
what the channel numbers, packages and numbers will be. Kitsap
county will be going through tremendous change over just a two-year
time frame and Bremerton will be brought in over that time frame as
well.
Mr. Law stated he will support this proposal on first reading of
the ordinance, but he would like Mr. McDonald to talk with his
technical and production staff and see if the 36 month target date
could be reduced. He was not sure how he would vote at second
reading of the ordinance, if the same target dates remain as
proposed at this time.
Mr. Colvin commended Kathleen McCluskey and Patrick McDonald for
their effort in developing this contract. He questioned if the
City would make periodic review of the agreement? Mr. McDonald
stated a review will be made every six months on the progress of
the completion of the upgrade of service throughout the area.
Mrs. Huff-Menees commended staff for their involvement in the
development of the agreement, and Mr. McDonald on the exemplary job
he does answering Council's questions.
#1230 M/S/C(Huff-Menees/Colvin) to approve Ordinance, on first reading,
and summary granting TCI Cablevision of Washington a non-exclusive
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franchise to operate a cable system within Bremerton.
Vote on Motion: In Favor: Winters, Huff-Menees, Neville, Farr,
Overson, Law, Colvin
Opposed: Montgomery
Abstain: McConnell
Motion carried.
President Fart thanked the TV camera crew for their services: Bob
Neal Rupe, Patricia Mathes, and James Nobel, Jr.
With no further business meeting adjourned at 7:50 P.M.
City of Bremerton
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