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.
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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
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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
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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
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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:
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(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
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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.
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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.
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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
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