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HomeMy WebLinkAbout07/23/97 TAPE #1479 CITY COUNCIL MEETING MINUTES JULY 23, 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 23, 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 Peter Webster of Westpark Christian Church. President Farr made the following announcements: (1) 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; and (2) 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. CONSENT AGENDA A. Minutes of Meeting -- July 9, 1997 #AB97-167 B. Sole Source Purchase of a Sweeper-Vac from #AB97-168 Barnett Implement, Inc. for Gold Mountain Golf Complex #0034 M/S/C/U(McConnell/Montgomery) to approve the Consent Agenda as presented. CLaIM,/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. #0057 M/S/C/U(Colvin/Montgomery) on July 23, 1997, the Council does approve for payment those vouchers included and further described as follows: 210987 through 210989 in the amount of $5,484.09; and Regular Payroll for the period ending July 15, 1997, in the amount of $774,062.41. TAPE #1479 City Council Reg. Mtg. Minutes July 23, 1997 Page 2 of 9 COUNCIL MEMBER REPORTS Mr. Colvin acknowledged Ron Anderson in the audience, and noted he would be speaking during Public Recognition. Mr. Montgomery announced a Town Meeting will be held by the Kitsap County Veterans Coalition on August 21, 1997, 7:00 - 9:00 P.M., at the Westside Improvement Center. The purpose of the meeting is to hear from candidates for the 35th District, City of Bremerton Mayoral race, and other candidates. All veterans and their families, active duty military personnel and their families, and the general public are invited to this event. He was pleased that the Concert on the Boardwalk was well attended and the weather was great. Mr. Winters thanked all participants and particularly the children performers involved in Summer Fest '97, which was held on July 19. He thanked Robert Boddie for asking him to volunteer his services for that event. On July 24, at 12:00 Noon, he will attend the Bremerton Area Chamber of Commerce luncheon, and at 6:30 P.M. he will attend a meeting on lake weed control at the Cascade Natural Gas building on Kitsap Way. Mr. Farr reminded everyone that Council Districts #6, #7 and #8 will hold a joint Neighborhood Meeting on July 31, 1997, 7:00 P.M., at the new Bremerton School District Office, 134 N. Marion Avenue. PUBLIC RECOGNITION Ron Anderson, Port Of Call Hospitality House, stated the Port of Call Hospitality House is an organization that is affiliated with Cadence International, which formerly was known as Overseas Christian Servicemen's Centers. He and his wife Sunny have established a hospitality house at 901 Times Avenue, Bremerton, WA 98312. They offer a variety of services for active military personnel. Donald Zimmerman, former Westsound Cable Access Board member and Kitsap County resident, stated he believes Westsound filled all of the requests made of it by the City of Bremerton. This involves such things as the construction of a studio set, which Westsound never received reimbursement, special events, including the Armed Forces Parade, and manning of the TV crews for broadcasting City Council meetings. Those services were funded by Falcon subscribers, who brought $200,000 to Westsound, and yet Falcon subscribers have not yet been connected to the output of Westsound. In the meantime, TCI funds and City of Bremerton funds have either been withheld or very slow in coming. Westsound even acquiesced to the City's demand, represented by one person, to remove Westsound's Executive Director. He asked the City Council to fund what the TAPE #1479 City Council Reg. Mtg. Minutes July 23, 1997 Page 3 of 9 City has received and administratively leave this registered non- profit organization alone for about one year so they can serve the County, the City, and citizens of the County. Ed Pietras, Martin Luther King Jr. Scholarship Fund (MLKSF), stated he was glad to be back in Bremerton after vacationing in Pennsylvania. He was very pleased to learn that Mayor Lynn Horton was selected to receive the MLKSF Bridge Builder Award, which will be formally presented at the Constituition Day Luncheon on September 7, 1997, starting at 1:30 P.M., at the Kitsap Golf and Country Club. Lastly, he attended the Open House at the Wastewater Treatment Center this past weekend and was very impressed with the plant, grounds, and oversight of the plant by John Poppe, Wastewater Manager. Robert Sheldon, Stargate Family Express Ministries, stated he is a member of a team that produces a cable access program. His group has been greatly assisted by Westsound staff and volunteer members in producing their production. He emphasized the importance of developing a team that has the technical expertise needed to produce cable access programs. His group had a very aggressive schedule to produce 15 1/2-hour shows in a short period of time, and thanks to the people at Westsound Cable Access, Rob Rupe, Roy Salahie, Bob Neal, and Patricia Mathes, they were able to accomplish that schedule. He did not know what was going on between Westsound and the City; however, he asked the Council to look deeply into budgeting issues and see if there was any way for the City to continue to fund Westsound for a little longer in order for them to "get on their feet" and work out any difficulties. Bill Cundiff, Full Gospel Businessman's Fellowship International/ "Power Talk", echoed Mr. Sheldon's comments. They also put together a team that was trained to film a cable access program. He invited the City Council to attend one of their studio shoots to become familiar with the kind of activities that takes place and the technical expertise that is provided by Westsound. His organization is aiming to reach the unchurched within the community and the best way to reach them is through cable access (Channel 12). Full Gospel Businessman's Fellowship groups in Bellingham, Tacoma, Seattle and Portland, Oregon, are watching his group to see how successful their program is in the Bremerton area. If the Bremerton program succeeds, those other groups will try the same thing with their local community cable access. He supports Westsound and all of the people providing technical expertise to his organization. He urged Council to let Westsound do their job so they can do their job. Rob Mckenzie, Bremerton resident, stated he has been a producer at TAPE #1479 City Council Reg. Mtg. Minutes July 23, 1997 Page 4 of 9 Westsound for the past four years, which was originally controlled by the City of Bremerton when it was Bremerton Community Access TV (BCAT). When Westsound was formed, he adapted to the new organization and the loss of some staff from BCAT. He was concerned over the proposal to have the City of Bremerton take over control of Channel 12, which was discussed at a recent Westsound Board meeting. He believes the proposed action was due to the instability of Westsound's Board. He emphasized the importance of keeping cable access available to the public, since it is impossible for an individual to break into mass media/broadcasting without entering an existing corporate organization. Westsound is a real experiment in democracy and does not belong to the City of Bremerton. He acknowledged Westsound has had organization problems, such as getting funds from the City, and the Board of Directors not developing alternative sources of revenue with other municipalities within the area. The Board also has a problem incorporating the views of the membership into their agenda. A meeting was held to replace Board members; however, those to be replaced objected vehemently about their stepping down. Another meeting was held where the Board voted virtually unanimous to shut down Westsound and turn over the control to the City of Bremerton and canceled its contract with Kitsap County. He believes factions in the City are happy to help them with that dissolving process. Rob Rupe, Westsound Board member, referenced a newspaper article in The Sun, dated July 18, 1997, in which Kathleen McCluskey stated "they (Westsound) weren't cutting it". He noted when Westsound first started, a technician was hired to inspect existing equipment and recommend what could be done to improve the broadcasting signal. Several situations were found, one being the existing reader board was putting interference on the signal. The original reader board was replaced with a different piece of equipment, which resulted in a number of negative comments from the public; however, the intent was to use that equipment for an interim period of time until they could replace it with a better system once the City's funding came through to allow them to make that purchase, but City funding did not come through. In his opinion, problems with the signal are coming from old, outdated modulators and there is also a ground loop feedback in the system because the playback system and the head end of TCI are on two separate power grids. TCI needs to resolve the grounding problem to get rid of the wavy lines and ghosting from the signal. He has heard several comments about the quality of the programming going down, which he believes is due to the lack of funding to provide the necessary training to produce better quality programs. No new equipment was put on line and the demand was high. He also heard comments about the type of programming being broadcast and he wanted the public to know that Westsound has no control over the content of the programs. He TAPE #1479 City Council Reg. Mtg. Minutes July 23, 1997 Page 5 of 9 referenced the Westsound users Handbook wherein it specifically states the programming comes from the community. Westsound follows FCC regulations, i.e. programming must be non-commercial, not obscene or pornographic, not constitute liable, slander, invasion of privacy or violation of trademark copy right, must not be fraudulent, must not attempt to incite any violence to persons or property or contain speech not protected by State or Federal constitution. Programming must not violate local, State, or Federal law. He asked the Council to give Westsound time to fix the problems. Patricia Mathes, Westsound member, referenced a newspaper article that came out in today's Port Orchard Independent about Westsound in which the Kitsap County Commissioners decided to hold a Study Session followed by a Public Hearing concerning the termination of their contract with Westsound. She suggested the City of Bremerton consider scheduling a Study Session and allow members of Westsound members, producers, directors and members of the public explain why it is important that Westsound continues to function and the City continues its support, which would then be followed by a Public Hearing. She pointed out those watching this City Council meeting broadcast over Channel 12 were watching Westsound at work. Shannon Bell, Bremerton resident, reported on a recent Special Olympics Softball Tournament in Lynden, Washington, where Bremerton was represented with two teams. Carol Atkinson, Bremerton Main Street Association, announced inscribed bricks and granite blocks will be installed on the boardwalk on July 24 and 25. The Blackberry Festival is shaping up and vendor spots on the boardwalk are all taken; however, a few spaces adjacent to the boardwalk are still available. Work continues putting together a hydroplane exhibition. She was pleased with the large turnout for the Concert on the Boardwalk on July 18, the weather was great and the fly over by the Mig 17 was enjoyed by all. The next Concert on the Boardwalk is scheduled for July 25, by the group "Bochinche". Charlene Burnett, Parks and Recreation Department, reported the Parks and Recreation Department is sponsoring the July 25 concert featuring "Bochinche", which is a Latin Salsa band, and funded by a grant from Kitsap Community Network. 7A - ORDINANCE NO. 4598 (SECOND READING) GRANTING A NON-EXCLUSIVE FRANCHISE TO TCI CABLEVISION OF WASHINGTONt #AB97-166 Paula Johnston, Deputy City Clerk, identified several housekeeping changes following first reading of the ordinance as well as input from Council that was incorporated into the contract: TAPE #1479 City Council Reg. Mtg. Minutes July 23, 1997 Page 6 of 9 (1). Under Section 2.2 FRANCHISE TERM, TCI agreed to tighten up the upgrade construction schedule so that it would read: ""The term of the Franchise shall be ten (10) years from its effective date. However, if TCI has not upgraded the capacity of its Cable System so that at least 75 video analog or digitally compressed channels are available on the System to either 75% of the Subscribers within the entire Franchise area, or to all the Subscribers within 75% of the Franchise Area, within 24 months followinq the effective date of the Franchise, then the Franchise term shall be shortened by 2 years to a total of 8 years from its effective date." (Note: the previous percentage rate was 50% and was increased to 75%.) (2) Under Section 2.5 FRANCHISE RENEWAL - language that was in conflict with the City's Charter was removed so that it would be compatible. (3) Under Section 4.3A SYSTEM CHANNEL CAPACITY UPGRADE - TCI agreed to formalize within the agreement a commitment to retain an analog level of 48 channels, so that when the upgrade is completed those subscribers that do not want other services available with the digital compression would have the same service as that offered to County residents. (4) Under Section 12.13 EFFECTIVE DATE - the effective date is 10 days from passage and publication of the ordinance. Patrick McDonald, TCI General Manager, complimented Ms. Johnston on her outlining the proposed changes. The commitment TCI made on the analog issue was to cover concerns expressed by Council that Bremerton subscribers would have the same number of analog channels as Kitsap County subscribers, which is 48 channels. There is an adjustment number of 5, which is if the market place dictates fewer channels on the Expanded Basic Tier, which 90% of the customers subscribe to, maybe moving some of those to a tier where only 20% subscribe if the pricing structure can be changed to meet consumer demands. On the upgrade time frame, the percentage was changed from 50% to 75% to be met within a 2-year term. Public comment - none. Mr. Montgomery stated he found a conflict between Section 2.2 ( 24- months) and 4.3A (36 months), and questioned which one was correct? Mr. McDonald stated the entire Section places out is a 3 year term that puts in place an 8-year agreement, but TCI is moving towards a 10-year term by meeting a 2-year commitment to have 75% of the subscribers activated to the additional services within that time frame. Ms. Johnston emphasized the sections referenced by Mr. Montgomery are not meant to be identical; and when a penalty kicks TAPE #1479 City Council Reg. Mtg. Minutes July 23, 1997 Page 7 of 9 in TCI would lose their opportunity to have a 10-year agreement, which is to their disadvantage. Under Section 4.3A, the 36-months is the "drop dead" date and means that TCI will be in violation of the franchise and subject to revocation, if they do not upgrade the entire system within 36 months. Mr. Law referenced Section 4.3A (3rd paragraph) Channel Capacity Upgrade And Completion Schedule were it talks about if the market conditions exist, TCI can reduce the intended number of channels by 5; however it does not limit the requirement of 75 activated analog or digitally compressed video channels. Mr. McDonald explained the combination of analog (48 channels) and the digital compression services that could range from 50-70 would make up the 75 channels. There was some initial concern that TCI would maintain the exact same analog package they currently offer and then add on compressed services so that people would be required to have a "box" to provide those additional services. The referenced section states that TCI will mirror what the County is receiving, which is 48 analog channels. Mr. Law questioned the need for the language as identified by Mr. McDonald? Mr. McDonald stated that language could be removed, but it was put in to reassure that a total of 75 channels would be available upon completion of the upgrade. Mr. Neville referenced the statement: "During the construction period of the upgrade, TCI shall not be obligated to provide a refund or credit to customers where an outaqe was necessitated by the cut-over from the present system to the rebuilt or modified system", and questioned the length of outages? Mr. McDonald noted it would be for short interruption (5-10-30 minutes depending on the size of the area), which typically occur in the early morning hours. If it would involve a longer period of time, work would be carried out, for example at 2:00 AM, so that subscribers would not be adversely affected. In situations where a customer does not receive service after a rebuild connection has been made, TCI servicemen are on call 24- hours per day to trouble shoot that connection problem. Mr. Neville asked if the actual construction would include several blocks at a time? Mr. McDonald stated that would depend on a specific area. A detailed study will be made of the existing plant and what is required for the upgrade, which will identify utilization of existing equipment and overlaying of new equipment. Mr. Neville stated it was a shame that it took 18 months to get to this point in the Franchise Agreement and hoped future negotiations would happen in a shorter time frame. Mr. McDonald stated this process involved a lot of things having to do with new regulations, which took concerted efforts by TCI and the City to move through the negotiation process. Although negations did take a long time, he was pleased with the efforts achieved over that time frame. TAPE #1479 city Council Reg. Mtg. Minutes July 23, 1997 Page 8 of 9 Mr. Winters stated from his own experience dealing with technical equipment, he understands the importance of having the right equipment to carry out the work required. For several months he has asked the Administration to provide him with an inventoried list of equipment; however, neither TCI nor the Administration have provided him with that information. Before talking about upgrades, he felt it was important to know what equipment is currently available. It was important to him to know the existing inventory of equipment in order for him to vote effectively, on behalf of the taxpayers, formalizing the $.21 per subscriber pass-through charge. Because he did not receive the requested inventory list, he will vote "NO" on this issue. He is aware that the City's Purchasing Agent is working on the inventory list. Ms. Johnston explained the inventory list is not complete, but they have been identifying equipment at all Access locations since July 18, and anticipates the list will be available by July 28/29 that will show all existing equipment purchased before and after the formation of Westsound, and the source of funds. The Administration feels confident that the funding identified in the Franchise for updating City equipment is adequate to improve programming. Mr. Colvin questioned the dollar amount resulting from the $.21 pass-through and who receives those funds? Ms. Johnston stated the $.21 pass-through goes toward funding access television and is approximately $18-20,000 per year. Mr. Law questioned when the larger channel network will be available to the subscribers, i.e. by each neighborhood as it is upgraded or at the end of the first year of construction? Mr. McDonald stated area-by-area is upgraded and the subscribers receive the expanded programming as their area is added to the upgrade system. TCI has to achieve activation of 75% of the subscribers to the upgraded system by the end of two years to meet that time line. By the time the analysis design and initial construction is completed to launch those services, active subscribers will come on line for about a year and building up to 75% by the 2-year time frame. Mr. McConnell stated he doubted the City or TCI were 100% satisfied with the contract, but believes it is as fair as it can get between the two entities. He will again abstain on the vote, which has nothing to do with the contract between the City and TCI, but rather for personal reasons. #1789 M/S/C(Huff-Menees) to pass Ordinance No. 4598, on second reading, granting TCI Cablevision of Washington a non-exclusive franchise to operate a cable system within Bremerton. TAPE #1479 City Council Reg. Mtg. Minutes July 23, 1997 Page 9 of 9 Mr. Overson stated his support for the proposed agreement and complimented Mr. McDonald and City staff for their efforts in negotiating this agreement. He appreciated TCI's incorporation of the comments made during first reading of the ordinance. President Farr stated the only comment he received from a constituent had to do with the quality of reception on Channel 19 and his response was the data provided by Mr. McDonald on the importance of checking input cable connections to their TV set. He will support the proposal with a "YES" vote. He also complimented City staff and Mr. McDonald for their patience working through the items. Vote on motion: In Favor: Huff-Menees, Neville, Farr, Overson, Law, Colvin Opposed: Montgomery, Winters Abstain: McConnell Motion carried. President Fart thanked the TV camera crew for their services: Bob Neal and Patricia Mathis. With no further business meeting adjourned at 6:30 P.M. City of Bremerton PJ/DDF/me cc: Normal Distribution File/Vault