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TAPES #1592 & #1593
CITY COUNCIL MEETING MINUTES
JANUARY 13, 1999
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,
January 13, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding.
Council members present were Jim Reed, Cados Montgomery, Carol Arends, David
Farr, Lon Overson, John Law, and Cecil McConnell. Council member Wayne Olsen
was absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk
Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Shepherd,
and invocation given by Reverend Ron Anderson of the Manette Community Church.
President Shepherd made the following announcements:
(1) City Council held a Study Session prior to the Council to discuss general Council
business.
(2) City Council will hold a Study Session to discuss the "City of Bremerton Code of
Ethics" immediately following the City Council meeting.
CONSENT AGENDA
A. Minutes of Meeting - December 23, 1998 #AB99-005
#0030 M/S/C/U (McConnell/Montgomery) Motion to approve Consent Agenda as
presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080,
and those expense reimbursement claims certified as required by RCW 42.24.090,
have been recorded on a listing that had been made available to the Council.
#0050 M/S/C/U (Montgomery/McConnell) On January 13, 1999, the Council does
approve for payment those vouchers included and further described as follows: 226876
through 227106 in the amount of $662,893.02.
COUNCIL MEMBER REPORTS
Mr. Montgomery announced three upcoming events: 1) On Saturday, January 16,
1999 Mason Willjams & Friends will be at the Admiral Theater; 2) A ceremony to
dedicate the Kitsap Regional Library in honor of Martin Luther King, Jr. will take place
on Friday, January 15, 1999, at 4:30 P.M.; and 3) the Bremerton Police Officers
Association will hold the annual Law Enforcement Valentine's Ball on Saturday,
February 13, 1999 at the Howard Johnson Plaza Dome. For more information, please
call 373-9900.
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City Council Reg. Mtg. Minutes
January 13, 1999
Page 2 of 9
Mrs. Arends commented that it sounds as though there is a lot to do in Bremerton.
She also reported that work is continuing as scheduled on the SR304 Gateway Project.
Mr. Overson encouraged anyone who is looking for great entertainment to attend the
Mason Williams event at the Admiral Theater. He asked to keep an eye on the "goings
on" in downtown, such as the continuing construction projects along Pacific, and
reminded the public that there are still viable businesses in the Sinclair Building.
Mr. Law announced the District #3 meeting would be Tuesday, January 19, 1999, at the
Senior Center at 7:00 P.M. The program will include an opportunity to meet Acting
Police Chief Rob Forbes. A brief outline of the Manette Study will also be presented.
President Shepherd announced the next District #5 meeting on Thursday, January 21,
1999 from 6:30 to 8:00 P.M. at the Memorial Lutheran Church located at 10th & Veneta.
The guest speaker for the program will be Judge James N. Docter to discuss the
Probation and Home Detention Program.
MAYORS REPORT
Mayor Horton expanded on the several events previously mentioned in honor of Martin
Luther King, Jr. She encouraged citizens to bring along a book commemorating Black
History Month or Dr. Martin Luther King, Jr. to the library dedication ceremony, so that a
special section could possibly be started, adding a very nice addition to the library.
She reported on information received from the Puget Sound Naval Shipyard, and the
ongoing efforts to clean up any environmental issues in the Jackson Park area. They
are looking for Restoration Advisory Board members to meet on a quarterly basis and to
provide community input to the process. For additional information, citizens can contact
the Public Information Office at 476-7111.
PUBLIC RECOGNITION
Reverend Cleveland Williams, Ebenezer A.M.E. Church, invited all members of Kitsap
County to participate in the Dr. Martin Luther King, Jr. celebration at the Kitsap Pavilion
on Monday, January 18, 1999, beginning at 11:00 A.M. to approximately 1:30 P.M. In
addition, he announced a meeting on Monday at 10:00 A.M. for all local-area ministers,
as a first step in creating a process of solidarity, everyone is also invited to attend.
Tommy Jones, President of Martin Luther King, Jr. Scholarship Fund, invited the City
Council and members of the public to attend the annual luncheon and meeting this
Sunday, January 17, 1999, 1:30 P.M. at the Olympic Lodge.
Gordy Byrd questioned the lack of handicap access at City Hall. Several handicap
access accommodations were pointed out to Gordy after the meeting, including the
Carrier Lift installed on the second floor for wheel chair access up the stairs.
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City Council Reg. Mtg. Minutes
January 13, 1999
Page 3 of 9
Susan Brown stated she was very impressed with the quick response received from
the Water Department when she reported a strong smell of chlorine from her tap water.
Bill Eley, President of Kitsap Peninsula Youth Soccer Association, announced that they
have arranged for the Seattle Sounders to play their first exhibition game against their
"arch rival" the Vancouver 86ers, on Saturday, March 27, 1999, 7:00 P.M. at the North
Kitsap High School Stadium.
Jim Hendryx, Paramedic & Firefighter with the City of Bremerton, along with Andrea
Pronty, Program Coordinator for Muscular Dystrophy Association, presented a plaque
to the Mayor and City Council to thank the City for the fundraising efforts by the
Bremerton Firefighters who raised $3500 with a "Fill the Boot" event. This money
allowed ten children from Kitsap County to attend the MDA Summer Camp. Mayor
Horton accepted the award on behalf of the City, and thanked Bremerton Fire
Department #437, and all other staff involved for their efforts.
Roy Mclnnis questioned the necessity for a Proclamation in honor of Dr. Martin Luther
King, now that it is a national holiday. He offered his compliments to Mayor Horton,
stating, in his opinion, that she has been the best Mayor since the Gene Nelson era. He
has seen many changes and improvements in Bremerton through the years.
John Becket suggested the City Council add their Council Agenda and Council
Minutes, along with the City Budget to a web page, allowing easier access to
information. He believes this would help more citizens get involved in local government.
Del Knauss congratulated the Council members and the Mayor for abiding by the 3-
minute limit to speak rule that they hold the public to. He cautioned the Council on the
use of the "yellow" sign-in cards for citizens to speak, stating that it should be made
clear to the public that the cards are only optional. He questioned the Mayor about
when the sewer rate increases might come to an end, and was informed that possibly in
the year 2011, if we are lucky. He felt the City needed to do something about this issue
way before then. He voiced his concern about only taxpayer money being used for
downtown development, without private money being contributed. He asked for an
update from the Mayor in the near future, on how many firms are signed up to come in
and "kick in the next phase". He asked his Council member Carol Arends for a
Resolution on "fluoride", since he believes the only Resolutions seen are those the
"politicians" want. He referred to an article in the paper where a City Police Officer was
being investigated for campaigning on duty hours, and asked what the difference was
between that, and a Councilman placing campaign signs in his car and parking in the
back lot owned by the City.
8A - GRANTS WRITER PROFESSIONAL SERVICES AGREEMENT. #AB99-006
This is the City's second year contracting with Mr. Jeffry J. Young for grants writing
services. Attached are reports for 1998 reflecting grant applications and status reports.
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City Council Reg. Mtg. Minutes
January 13, 1999
Page 4 of 9
Kathleen McCluskey, Administrative Services Director, stated that an updated "Grant
Specialist's Report" was handed to each of the Council members, and then introduced
Mr. Young. Jeffry Young provided a brief update of his activities.
Mr. Byrd questioned why the City was shooting so low in their expectations; and Mr.
Becket asked what the Grants Writer would be paid. Ms. McCluskey responded that
the City is shooting for 100%, and that Mr. Young was only providing statistics on grant
writing. She also clarified that Mr. Young is a contracted Grants Writer, and is not a full-
time employee. He is paid $1281 per month. Based on the hours provided to the City,
it averages about $20.00/hour, well below the market rate for contracted Grants Writers.
Mr. Reed also pointed out that Mr. Young has generated approximately $1.5 million in
grants has been for the City, therefore, he supports this Professional Services Contract.
#1400 M/S/C/U (Montgomery/Farr) Motion to approve Professional Services Contract
with Jeffry Young for grants writing services.
8B - ADDENDUM TO CONTRACT 301 WITH COMMUNITY RESOURCES,
#AB99-007
In 1995, the City entered into a contract with Kitsap Community Resources (KCR)
wherein KCR agreed to manage the City of Bremerton Community Service Work
Program. The program provides that the defendants convicted in Bremerton Municipal
Court are directed to the Community Service Work program to perform a specific
number of hours of labor for the City in lieu of jail or fines.
Judge James Docter, Bremerton Municipal Court, stated that this program has worked
very well, and he uses it on a daily basis. This also provides an excellent solution for
the numerous defendants who have an inability to pay, and if it were not for community
service, he would not be able to impose any punishment. Mr. Byrd asked if there was a
set amount of time scheduled for each particular crime. Judge Docter responded that
the cases brought before him in Municipal Court are misdemeanors and gross
misdemeanors, generally considered to be the less serious of cases in terms of public
safety. Fines are converted at the rate of minimum wage, which is currently $5.70/hour.
Mr. Montgomery questioned if there is a way for the public to identify these Community
Service workers? Dave Boynton, Kitsap Community Resources Service Manager,
stated a van with markings was used in the past, but the present van in use is not
marked. It is up to the City to add any markings. He further added that the individuals
do wear vests marked with "CSW" on the back.
Mr. Farr questioned the large number of individuals listed under the "Failed to Report"
status. Mr. Boynton responded that it was their choice to work, pay the fine, or spend
time in jail. Mr. Law asked what percentage actually ends up spending time in jail?
Judge Docter pointed out that he provides the opportunity for Community Service. If
the individual does not show up, he will receive a note from Community Resources
asking that the person not be sent back. After that, there is little that can be done.
TAPES #1592 & #1593
City Council Reg. Mtg. Minutes
January 13, 1999
Page 5 of 9
#1880 M/S/C/U (Farr/Reed) Motion to approve contract addendum with Community
Resources.
9A - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUE OF A $1.250,000
TAX ANTICIPATION NOTE AND ACCEPTING THE PURCHASE OFFER OF
SEAFIRST BANK, #AB99-008
As indicated in the attached documents, the City's General Fund will operate in a deficit
cash position through most of the year without some form of cash flow financing.
Analysis indicates that issuance of a Tax Anticipation Note, or TAN is the most
economical way of financing this cash flow need.
Rich Hanna, City Treasurer, emphasized the issuance of short-term financing is to
manage the City's General Fund cash flow. He assured Council the Budget was
balanced, that this was simply a matter of dealing with too many expenditures arriving
before receiving property tax revenues. He indicated this is an annual process, and
pointed out that the documents are in preliminary form. The final versions will be
available next week at Second Reading.
Mr. Becker wanted to know what the top two competitive rates were? Mr. Rabboni
asked what interest rate we will be paying for that money, and what if we just waited for
the money to be available? Mr. Hanna explained that the notes would be sold on a
negotiated basis, not on a competitive bid, so there is no second offer. The role of
Seafirst bank is as an underwriter, purchasing the bonds from the City at a fixed
underwriting spread and offering them in the open market. They are not the "end
purchaser". There is a competitive market when the notes are sold. He further
explained that in the Bond Market, there would not be enough interest generated from
other financial institutions for the amount of $1,250,000, which is considered to be "petty
cash" in this type of market. It makes sense to borrow rather than use City resources,
because the City has the advantage of borrowing at a tax-exempt rate. This allows the
City to invest the surplus cash at taxable rates.
Mr. Overson appreciated the presentation by Mr. Hanna, and encouraged any citizen
wanting further information, to sit down and discuss them with Mr. Hanna. Mr.
McConnell pointed out that this is the cheapest route for obtaining money for the City.
Mr. Reed stated when this issue was raised last year, the best case scenario presented
was to borrow the money, work the available amount, and then make more money than
it cost for the interest. He questioned if it did indeed work out that way? Mr. Hanna
stated yes.
#2643 M/S/C/U (Montgomery/Farr) Motion to approve on first reading the Ordinance
authorizing the issue of a Tax Anticipation Note and accepting the purchase offer from
Seafirst Bank.
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City Council Reg. Mtg. Minutes
January 13, 1999
Page 6 of 9
10A - RESOLUTION NO. 2687, APPROVING CHANGE OF CONTROL OF TCI
FRANCHISE TO AT&T, #AB99-009
TCI and AT&T have requested approval of their merger. Pursuant to Sections 2.7 and
2.8 of our franchise, a change of control requires Council approval. AT&T will become
the parent company of TCI. TCI will continue to exist as a corporation and wholly
owned subsidiary of AT&T. TCI will continue to hold the franchise. Local management
and employees of TCI will remain in place.
Kathleen McCluskey, Administrative Services Director, stated that franchise provisions
regarding change of control allow the City a very narrow view of what can be reviewed.
A key component is that 36-months were allowed to complete the franchise, but it will
actually be completed in 24-months. She pointed out that this would be a 10-year
franchise when the upgrades are completed by August. She recommends passage of
the Resolution with the following seven conditions: 1 ) Compliance with the franchise; 2)
Organization and proxy statements; 3) Non-discriminatory access to cable modem
platform; 4) Commercial Leased Access; 5) Reimbursement of costs; 6) Compliance
with all other applicable legal requirements; and 7) Responsibility for any non-
compliance by franchise. She pointed out that TCI and AT&T both agreed to comply
with all terms, and will sign the Acceptance Form.
Roy Mclnnis asked how a citizen could view the terms of the contract, and is there a
provision included for recourse if TCI does not improve what they are doing for the City.
Patrick McDonald, TCI General Manager, stated there was a document delivered to
the City (probably over 100 pages in length) which identifies the change of control; and
the Resolution identifies the agreement between the City and AT&T, and also includes
the terms. He described this as a historic merger between TCI and AT&T, and did not
believe there was a better company they could be associated with as they rewrite the
future of the telecommunications industry. He also believes AT&T can bring advance
services to the local area. He concluded by stating the local manager for this area will
be identified by the end of January or first part of February.
Mr. Law asked how the 75% completion would be verified. Also, what about the
discussion of additional channels? He added that he was disappointed in the
management of TCI in their delay in getting a Manager for Bremerton. Mr. McDonald
stated that tracking-documentation would be provided on an on-going basis, which will
identify exactly who is on, and when, per area. He clarified that at the conclusion of the
rebuild, additional channels will be available with the basic and analog service, with
additional service beyond that with the digital service pack.
Mr. Montgomery referred to the "Impact of Non-Passage" section of the Agenda Bill,
and noted that if this wasn't passed tonight the City could be sued, and possibly lose
cable service. He questioned how the City could be sued, when Congress already
mandates it. Ms. McCluskey stated that if Council did not act on this issue at all, it
would automatically take place because under the Cable Act and under the Franchise
Agreement, the City must act on the application within 120 days. If Council votes "No",
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City Council Reg. Mtg. Minutes
January 13, 1999
Page 7 of 9
there must be grounds to justify it under the Terms of Transfer, such as "Inability to
Perform Financial Capability". Staff does not see conditions present to deny the change
of control.
TAPE #1593
Mr. Overson voiced his concerns about this merger, and what it really means as far as
changes, and what will it cost? Mr. McDonald explained that AT&T not only has the
resources available to meet all the objectives of the current TCI franchise, but more
importantly, they have the capability to reach the customer without going through US
West. This will allow them the ability to use their technology and service to bring
integrated phone, voice, video, and data in a way that has not yet been imagined.
McCluskey stated that when the franchise was negotiated, language was added to
include Bremerton as recipients of any technology that is also available to other cities.
Mr. McConnell stated that he has been a customer of both of these companies for
many years, and was glad to see this happen.
#0190 M/S/C (Montgomery/Farr) Motion to approve Resolution No. 2687 approving
change in control of TCI Cable Franchise to AT&T with conditions.
Vote on motion: In Favor: Reed, Arends, Farr, Overson, Law, McConnell,
Shepherd
Opposed: Montgomery
Motion carried.
10B - RESOLUTION NO. 2688. IN SUPPORT OF THE PROPOSITION PROVIDING
FOR JAIL EXPANSION, #AB99-010
The attached resolution supports the proposition providing for the expansion of the
Kitsap County Correctional Facility, in addition to operation and maintenance of the
Adult Correctional Facility and Juvenile Justice Facility that will be on the February 2,
1999 ballot.
Russ Hauge, Kitsap County Prosecutor, gave a presentation on the need for this tax to
provide for jail expansion, and provided a copy of a Summary Statement titled "Kitsap
County Jail and Overview of Incarceration in Kitsap County" to each Council member.
John Becker and Ruth Natividad objected to this issue being brought before the
Council and the appearance of using their positions on the Council to influence voters.
Louis Soriano stated that if City Council endorses this issue, they are endorsing a one-
tenth of 1% tax increase forever.
Roy Mclnnis questioned whether any of the Council questioned their constituents on
this issue, and also questioned the legality.
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City Council Reg. Mtg. Minutes
January 13, 1999
Page 8 of 9
Susan Brown was concerned with the trend of ballot issues being brought before
Council, and suggested that Council host a forum on this issue after the regular Council
meeting as an alternative.
Judge Docter responded to the previous concerns, and that it was the responsibility of
the officials as community leaders to "speak the voice of the people" on all kinds of
issues. He added that it was also the responsibility and role of the City to provide jail
space and services for the community.
Mr. Hauge provided statistics about the overcrowding at the current jail. He addressed
the financing issue, and concurred with Judge Docter's comments about it being the
obligation of Municipal government to provide jail facilities. This broader-based sales
tax is a way to shift some of the costs "off of the backs" of the property tax payer. He
verified it was a permanent tax, but they have not tried to hide this fact. The tax will
provide maintenance and operation, as well as the construction.
Mr. Reed stated that this issue is on the ballot and will be before the people whether
Council endorses it here tonight or not. He believed it was a violation of Bremerton's
own Charter, which states Council cannot campaign on any issue in City Hall. Glenna
Malanca, City Attorney, referred to the Ethics Code which indicates that City facilities
are not to be used to further any campaign issue, except as provided by R.C.W.
42.17.130, which states that a City facility can be used if done as an open meeting.
Mr. McConnell felt that perhaps this issue should have been brought before Council
before it went on the ballot. He then stated that he would vote against all Resolutions
brought before the Council if it is regarding a ballot issue.
Mr. Overson felt that this was a very important opportunity for the City, and emphasized
that currently there are perpetrators not jailed due to lack of facilities. He encouraged
citizens to vote for it because it is needed.
Mrs. Arends addressed the issue raised earlier about whether the Council had
questioned their constituents, and she reported that at a District 6-7-8 meeting held a
few months ago, Judge Docter and Mr. Hauge were both present, and addressed these
very issues. She believed it was her obligation, as a City Official, to provide adequate
jail facilities for the City when needed. She also added that it sends the wrong message
to our youth if they believe they will not go to jail for certain crimes due to lack of space.
She endorsed passage of this issue.
Mr. Farr stated that a common concern from his constituents is public safety, and the
belief of some citizens that the law has "no teeth", and even if an individual is sentenced
to jail, they may not have to spend any time incarcerated due to lack of space. He also
believed this discussion was the obligation of the Council, and supports it.
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City Council Reg. Mtg. Minutes
January 13, 1999
Page 9 of 9
Mr. Law stated that he supported this action, however, he still believes Council has a
problem with the issue of procedure, which he regrets. He did not feel that Council
should be put in the position to be challenged at any time in the future, that Council has
been biased, or selective on what will be and not be endorsed.
Mr. Farr asked if Bremerton was the first Legislative body asked to endorse this
proposal? Mr. Hauge stated no, that all Legislative bodies in the County already have,
or will be, holding hearings on this issue.
Mr. Montgomery stated that any item on the ballot, except for the endorsement of an
individual running for office, should be able to be placed on the Council Agenda, and
allowed for discussion. He stated that the wording in RCW 42.17,130 allows it.
Mr. Overson addressed the comment made earlier by Mr. Soriano about this being a
long-term (forever?.) tax, and stated that jail facilities, along with the operation and
maintenance of those jails will also be needed long-term, and will need to be funded.
#1240 M/S/C (Farr/Montgomery) Motion to approve Resolution No. 2688, in support of
the Proposition providing for the Kitsap County Correctional Facility and operation and
maintenance of the Adult Correctional Facility and the Juvenile Justice Facility.
Vote on motion: In Favor: Reed, Montgomery, Arends, Farr, Overson, Law,
Shepherd
Opposed: McConnell
With no further business, meeting adjourned at 7:40 P.M.
City of Bremerton
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